Is third party culpability admissible in a murder case?

California, United States of America


The following excerpt is from People v. McLaurin, B250278 (Cal. App. 2015):

"Third party culpability evidence is admissible if it is 'capable of raising a reasonable doubt of defendant's guilt. At the same time, we do not require that any evidence, however remote, must be admitted to show a third party's possible culpability. . . . [E]vidence of mere motive or opportunity to commit the crime in another person, without more, will not suffice to raise a reasonable doubt about a defendant's guilt; there must be direct or circumstantial evidence linking the third person to the actual perpetration of the crime.' [Citations.]" (People v. Page (2008) 44 Cal.4th 1, 38.)

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