Smith v. State

In Division 4, the majority holds that it was reversible error to exclude evidence which it deems to be relevant and exculpatory of Smith. In my opinion, Smith did not preserve this issue for review by this Court. Moreover, even if this issue may be raised on appeal, I do not believe that the trial court erred in proscribing the introduction of the evidence. Therefore, I respectfully dissent to the reversal of Smith’s conviction.

This issue arose, as the majority points out, in the context of the State’s motion in limine. At the hearing thereon, the trial court only held that Smith could not…