United States v. Veltmann
United States Court of Appeals for the Eleventh Circuit
6 F.3d 1483 (1993)
Elizabeth Veltmann died in a house fire, and the government (plaintiff) charged her husband Carl and his brother Chris (defendants) with setting the fire to murder her and collect insurance money. The defense theory was suicide, supported by an undated suicide note and testimony that Elizabeth was depressed. The defendants sought to introduce a deposition from Elizabeth's former lover, Carl Engstrom, in which she discussed needing money and mentioned suicide multiple times in the months before her death. The trial judge excluded Engstrom's deposition as hearsay, and the jury convicted both defendants, who appealed.
Whether an out-of-court statement from an earlier time about the declarant's then-existing state of mind is admissible if the circumstances show she probably remained in that state of mind at the material time.