Gigliobianco v. State

LÓPEZ, Chief Justice,

dissenting.

For the reasons stated below, I respectfully dissent from the majority’s holding that the trial court did not err in overruling Gigliobianco’s Rule 403 objection to the admissibility of the breath test results. The majority concludes that the first three nonexclusive factors weigh in favor of admissibility. The primary stumbling block with regard to the second and third factors is language in Mechler1 which appears to dictate that these factors will always favor admissibility, truncating the need for any additional analysis regardless of the facts presented.…