What is the test for abuse of third party culpability?

California, United States of America


The following excerpt is from People v. Young, 250 Cal.Rptr.3d 192, 445 P.3d 591, 7 Cal.5th 905 (Cal. 2019):

than probative under Evidence Code section 352. " ( People v. McWhorter (2009) 47 Cal.4th 318, 367368, 97 Cal.Rptr.3d 412, 212 P.3d 692.) In other words, courts treat third party culpability evidence " like any other evidence: if relevant it is admissible, " provided it is not otherwise rendered inadmissible by statute, and " unless its probative value is substantially outweighed by the risk of undue delay, prejudice, or confusion. " ( People v. Lewis (2001) 26 Cal.4th 334, 372, 110 Cal.Rptr.2d 272, 28 P.3d 34.) We review the trial courts ruling for abuse of discretion. ( People v. Prince (2007) 40 Cal.4th 1179, 1242, 57 Cal.Rptr.3d 543, 156 P.3d 1015.)

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