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Deparvine v. State | 995 So.2d 351 (2008)
Under Rule Eight Oh One of the Federal Rules of Evidence, or F R E, and state law equivalents, hearsay evidence, which is an out-of-court statement that’s offered to prove the truth of the matter asserted in the statement, is inadmissible. However, there are several exceptions to this rule. In Deparvine versus State, the Florida Supreme Court considered whether Florida’s equivalent of the present sense impression exception, known as the spontaneous statement exception, allowed for the admission of certain evidence in a double homicide case.
In two thousand three, Rick and Karla Van Dusen placed an advertisement in the Saint Petersburg Times, seeking to sell their vintage Chevy pickup truck.
William Deparvine, a convicted felon, responded and offered to pay cash for the truck, which Rick accepted. Deparvine then paid a deposit, and the parties agreed that the Van Dusens would deliver the truck to Deparvine’s apartment two days later in exchange for the rest of the money.
Two days later, Rick drove the truck to Deparvine’s apartment, with Karla following him in her own car. That night, Karla called her mother while driving. According to her mother, she asked whether Karla was in the car, to which Karla responded, quote, “I’m following Rick and the guy that bought the truck. He knows where to get the paperwork done tonight,” unquote. In addition, when her mother asked how they were going to get paid, Karla responded that, quote, “he’s got cash,” unquote.
The next day, Rick and Karla’s bodies were found along a dirt road close to the cell tower Karla used during the conversation she had with her mother.
Subsequently, Deparvine was arrested and charged in state circuit court with armed carjacking and two counts of first-degree murder.
At trial, the state sought to admit Karla’s mother’s testimony regarding the statements Karla made during the phone call into evidence. Deparvine’s attorney objected, but the court admitted the statements, concluding they were admissible under the spontaneous statement exception to the hearsay rule. Deparvine was convicted on all counts and sentenced to death. He then appealed his convictions and sentences to the Florida Supreme Court.
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