What is the test for evidence of third party culpability in a murder case?
California, United States of America
The following excerpt is from The People v. Casey, B214313, No. MA042406 (Cal. App. 2010):
In order for evidence of third-party culpability to be admissible, there must be "direct or circumstantial evidence linking the third person to the actual perpetration of the crime." (People v. Hall (1986) 41 Cal.3d 826, 833.) Mere motive or opportunity is not sufficient to raise reasonable doubt as to the defendant's guilt. (Ibid.)
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