Deparvine v. State
Florida Supreme Court
995 So.2d 351 (2008)
Relevant factsFree
The night before her murder, Karla Van Dusen called her mother while driving and, in response to being asked if she was in the car, spontaneously said she was "following the guy who bought the truck" who "knows where to get the paperwork done tonight" and "has cash"; Deparvine (defendant), convicted of the resulting double homicide and carjacking, argued the trial court erred admitting these statements as hearsay.
IssueFree
Whether out-of-court statements describing or explaining the speaker's simultaneous perceptions are exceptions to hearsay even without a startling event.