California, United States of America
The following excerpt is from People v. Smith, E071156 (Cal. App. 2021):
First, "as a practical matter, it is unclear how one can assess whether third party culpability evidence can raise a reasonable doubt and the potential for prejudice, delay and confusion without considering the strength of the prosecution's case. It would seem that it would require stronger third party culpability evidence to raise a doubt to an overwhelming prosecution case than to a weak one. Also, the assessment of the capacity of the third party culpability evidence to confuse or delay would be similarly affected by the strength of the prosecution case." (People v. Samaniego (2009) 172 Cal.App.4th 1148, 1175.)
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