Is third party culpability evidence admissible?

California, United States of America


The following excerpt is from People v. Parks, B285035 (Cal. App. 2018):

"Third party culpability evidence is treated like all other evidence; if relevant it is admissible. (People v. Alcala (1992) 4 Cal.4th 742, 792 (Alcala).) It 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

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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."' (People v. Page (2008) 44 Cal.4th 1, 38.) To introduce third party culpability evidence, a defendant must show that the evidence is relevant and that its probative value is not '"substantially outweighed by the risk of undue delay, prejudice, or confusion."' (Alcala, supra, at p. 792.)" (People v. Samaniego (2009) 172 Cal.App.4th 1148, 1174 (Samaniego).)

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