Stephen Smith v. State of Florida, Appellee Stephen Smith v. Michael D. Crews

Summary

Justice Pariente concurs in the majority’s affirmation of the denial of post‑conviction relief but disagrees with the majority’s analysis of the admissibility of Smith’s statements about an intended rape. The concurring opinion argues that those statements should have been excluded under Fla. Stat. § 90.403 because their probative value was substantially outweighed by unfair prejudice, yet finds no prejudice to the conviction under Strickland.