Is third party culpability admissible in a criminal case?

California, United States of America


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

Hall and its progeny, third party culpability evidence is relevant and admissible only if it succeeds in 'linking the third person to the actual perpetration of the crime.' " (People v. DePriest (2007) 42 Cal.4th 1, 43 (DePriest).) "Without this link, such evidence is irrelevant and cannot be admitted." (People v. Ghobrial (2018) 5 Cal.5th 250, 283; see People v. Lewis (2001) 26 Cal.4th 334, 373 (Lewis) ["The trial court reasonably found the evidence was too speculative to be relevant."].) "Evidence that another person had 'motive or opportunity' to commit the charged crime, or had some 'remote' connection to the victim or crime scene, is not sufficient to" establish the required link. (DePriest, at p. 43.)

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