Smith v. State

ALTENBERND, Judge, Specially

concurring.

I agree that this case is controlled by Clark v. State, 995 So.2d 1112 (Fla. 2d DCA 2008). I wrote a separate concurrence in Clark. Id. at 1114. I am still concerned that a change in scientific opinion within a relevant scientific community — a change that occurred almost twenty years after the trial in this case — may require a different postconviction analysis than the typical claim of newly discovered evidence.

In a typical postconviction claim of newly discovered evidence, the defendant alleges that certain evidence existed at the time of trial that…