R.D.H. v. State

Upon careful consideration of the state’s application for rehearing and the accompanying brief, I must respectfully dissent from the denial of the state’s application for rehearing.

In our opinion of July 3, 1997, this court admitted that “the appellant’s association with an organization known for violence and intimidation was at least arguably relevant.” 775 So.2d at 253. However, we concluded that the prejudicial effect of that evidence outweighed its probative value because, we said, it was “untenable to insist that a defendant’s association with the Ku Klux Klan would not irreversibly…