I would like to hear Hornsby's thoughts on the admissibility of the gf's testimony
I believe he has already stated it may be admissible because of the state of mind exception (Regarding Trayvon). I can't remember where I read/saw him say that, so I'll say JMO
Going beyond that, one can look at Florida law:
(1) SPONTANEOUS STATEMENT.A spontaneous statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter, except when such statement is made under circumstances that indicate its lack of trustworthiness.
(2) EXCITED UTTERANCE.A statement or excited utterance relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
(3) THEN-EXISTING MENTAL, EMOTIONAL, OR PHYSICAL CONDITION.
(a) A statement of the declarants then-existing state of mind, emotion, or physical sensation, including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health, when such evidence is offered to:
1. Prove the declarants state of mind, emotion, or physical sensation at that time or at any other time when such state is an issue in the action.
2. Prove or explain acts of subsequent conduct of the declarant.
(b) However, this subsection does not make admissible:
1. An after-the-fact statement of memory or belief to prove the fact remembered or believed, unless such statement relates to the execution, revocation, identification, or terms of the declarants will.
2. A statement made under circumstances that indicate its lack of trustworthiness.
Read more:
http://www.leg.state.fl.us/Statutes...ng=&URL=0000-0099/0090/Sections/0090.803.html
I think it's clear that her testimony is admissible, based on those three exceptions.