What is the test for admissible third-party culpability evidence?

California, United States of America


The following excerpt is from People v. Robbins, D075544 (Cal. App. 2019):

"[C]ourts should . . . treat third-party culpability evidence like any other evidence: if relevant it is admissible ([Evid. Code,] 350) unless its probative value is substantially outweighed by the risk of undue delay, prejudice, or confusion ([Evid. Code,] 352)." (People v. Hall (1986) 41 Cal.3d 826, 834 (Hall).) To be relevant and admissible, however, "evidence of the culpability of a third party offered by a defendant to

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demonstrate that a reasonable doubt exists concerning his or her guilt, must link the third person either directly or circumstantially to the actual perpetration of the crime. In assessing an offer of proof relating to such evidence, the court must decide whether the evidence could raise a reasonable doubt as to defendant's guilt and whether it is substantially more prejudicial than probative under Evidence Code section 352." (People v. Bradford (1997) 15 Cal.4th 1229, 1325 (Bradford).)

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