Pumphrey Law Blog

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Though officers can generally lie to suspects during interrogation, Florida’s 1st District Court of Appeal ruled that officers cannot affirmatively misstate the law in an effort to get them to confess to what the suspect believes is a “less serious” crime. CASE: Baptiste v. State, 179 So.3d 502 (Fla. 1st DCA 2015)  Charge(s): Armed Robbery, Conspiracy to Commit …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Decisions from Florida’s 4th and 5th District Courts of Appeal show that whether a downward departure (e.g. a lighter sentence) is warranted in a sexual battery by a person in familial or custodial authority case depends on the circumstances. In Florida, sexual battery by a person in a position of familial or custodial authority is a very serious felony offense. …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal ruled a defendant was guilty of attempted second-degree murder after he pointed it at the victim’s stomach and made a remark that he “should have killed him” after shooting him. CASE: Perez v. State, 187 So.3d 1279 (Fla. 1st DCA 2016) Charge(s): Attempted Second-Degree Murder Outcome: Conviction AFFIRMED, as the defendant deliberately …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Florida’s 4th District Court of Appeal reversed a defendant’s conviction for cocaine trafficking after the trial judge “abused his discretion” by prohibiting the defendant’s lawyer from asking potential jurors if they would accept an entrapment defense. CASE: Walker v. State, 724 So.3d 1232 (Fla. 4th DCA 1999) Charge(s): Trafficking in Cocaine Outcome: Conviction reversed, as trial judge impermissibly …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal affirmed a defendant’s aggravated assault conviction after finding a “reasonable person” in the victim’s position would have been in well-founded fear of violence. One judge voiced disagreement with the judicial trend that shaped the ruling. CASE: Daniels v. State, 308 So. 3d 212 (Fla. 1st DCA 2020) Charge(s): Aggravated Assault with a …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary In a foundational second-degree murder case, Florida’s 1st District Court of Appeal ruled that a defendant’s “joke” to the victim before fatally shooting her supported the finding that he acted with a “depraved mind.” CASE: Hines v. State, 227 So.2d 334 (Fla. 1st DCA 1969) Charge(s): Second-Degree Murder Outcome: Defendant’s conviction affirmed, as a comment he made before …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal affirmed a defendant’s conviction for solicitation of a minor, finding he was not subjectively or objectively entrapped as a matter of law – but that a downward departure in his sentence was warranted. CASE: State v. Davis, 141 So.3d 1230 (Fla. 1st DCA 2014) Charge(s): Solicitation of a Minor Outcome: Defendant was …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Florida’s 2nd District Court of Appeal ruled that officers misled a suspect as to his Miranda rights when he asked if he needed a lawyer – requiring reversal of his convictions after his post-arrest statements were used against him at trial. CASE: Isom v. State, 819 So.2d 154 (Fla. 2d DCA 2011)  Charge(s): Aggravated Fleeing to Elude Law …

March 5, 2026 Don Pumphrey, Jr. News & Announcements Social Share

Case Summary Florida’s 1st District Court of Appeal ruled the State provided ‘clear and convincing’ evidence that a defendant was not acting in self-defense when he shot his stepson. However,  one judge authored a fiery dissent. CASE: Edwards v. State, 351 So.3d 1142 (Fla. 1st DCA 2022) Charge(s): Manslaughter  OUTCOME: Defendant’s “Stand Your Ground” claim denied – with one judge …