STATE OF FLORIDA, APPELLANT,

v.

JOHN FLANAGAN AND PETER FLANAGAN, APPELLEES

Citator

Cited By (13 total)

• Deparvine v. State, 995 So. 2d 351 (Fla. 2008)
  …3 P. 2d 145 (1984), rev’d on other grounds, 107 Wash.2d 97, 727 P. 2d 239 (1986)). We disagree with this statement. . See Mordenti v. State, 982 So. 2d 710 (Fla. 2d DCA 2008); Mariano v. State, 933 So. 2d 111 (Fla. 4th DCA 2006); McDonald v. State, 578 So. 2d 371 (Fla. 1st DCA 1991). In each of these cases the district courts used the words "blurted out” to convey the same meaning as the declarant making a spontaneous statement. Indeed, the words "spontaneous” and "blurt” have almost identical meanings. See…

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• Ibar v. State, 938 So. 2d 451 (Fla. 2006)
  …ed to an event. See McGauley v. State, 638 So. 2d 973, 974 (Fla. 4th DCA 1994) (holding that wife’s response to officer’s question “Who jumped out of the back window?,” which identified the defendant, was a spontaneous statement); McDonald v. State, 578 So. 2d 371, 373 (Fla. 1st DCA 1991) (holding that the victim’s statement to her friend in a sexual battery case immediately after the incident was admissible as a spontaneous statement). Because the statement “I’m Pablo” did not describe or explain an event, t…
• Pacifico v. State, 642 So. 2d 1178 (Fla. 1st DCA 1994)
  …roommates at her first opportunity to complain to anyone other than appellant after the sexual encounter. As such, the victim’s statements to her roommates were admissible under the “first complaint” exception to the hearsay rule. McDonald v. State, 578 So. 2d 371 (Fla. 1st DCA), review denied, 587 So. 2d 1328 (Fla.1991). In view of our [*1187] holding in this regard, we need not rule upon the admissibility of the statements under the spontaneous statement or excited utterance exception to the hearsay rule. N…

Authorities Cited

• State v. Lucas, 570 So. 2d 952 (Fla. 3d DCA 1990)