Is third-party culpability evidence admissible on appeal?
California, United States of America
The following excerpt is from People v. Carr, D068678 (Cal. App. 2016):
" '[C]ourts should simply 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).' [Citation.] A trial court's discretionary ruling under Evidence Code section 352 will not be disturbed on appeal absent an abuse of discretion." (People v. Lewis (2001) 26 Cal.4th 334, 372-373.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will counsel's failure to object to admission of evidence under section 352 of the California Evidence Code be reviewed on appeal? (California, United States of America)
In a claim of error in the admission of evidence, can the trial court abuse its discretion to allow evidence to be admitted on appeal? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
What is the general rule on "questions relating to the admissibility of evidence" on appeal? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
When determining whether the evidence was sufficient to sustain a conviction on appeal, what is the role of the Court of Appeal? (California, United States of America)
What is the test for appeal against the evidentiary rulings of the trial court on the admissibility of evidence? (California, United States of America)
What role does the Court of Appeal have in determining the sufficiency of the evidence in the context of an appeal? (California, United States of America)
When determining whether the evidence was sufficient to sustain a conviction on appeal, what is the role of the Court of Appeal? (California, United States of America)
Is a defendant's failure to make a timely and specific objection to the admission of evidence on appeal cognizable? (California, United States of America)
