How have courts treated evidence of third party culpability?

California, United States of America


The following excerpt is from People v. POLANCO, E048618, No. FWV702183 (Cal. App. 2010):

Defendant's trial counsel forfeited this contention by insisting that he was not offering the evidence as evidence of third party culpability. (Evid. Code, 354, subd. (a); People v. Panah (2005) 35 Cal.4th 395, 481 ["[s]ince defendant did not seek admission of the testimony as third party culpability evidence, he forfeited any claim that it was improperly excluded for that purpose"].) Instead, he offered it as evidence of witness "credibility."

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