Gensler v. State

While I disagree with the majority as to the other evidentiary points it relies upon, because I think that they involve either no error,1 no harm, or both, I concur in reversal solely because of the exclusion of evidence concerning the decedent’s drug and alcohol use prior to the accident. I would agree that, in the “ordinary” case, such evidence is properly excludable because it does not directly relate to any pertinent issue, including that of legal cause. See Filmon v. State, 336 So.2d 586 (Fla.1976), cert. denied, 430 U.S. 980, 97 S.Ct. 1675, 52 L.Ed.2d 375 (1977); Palmer v. State, 451…