What is the test for admissible third party culpability evidence in a personal injury case?

California, United States of America


The following excerpt is from People v. Dunson, E056565 (Cal. App. 2015):

In People v. Hall (1986) 41 Cal.3d 826, the court explained that "courts should simply treat third-party culpability evidence like any other evidence: if relevant it is admissible [citation] unless its probative value is substantially outweighed by the risk of undue delay, prejudice, or confusion [citation]. We recognize that an inquiry into the admissibility of such evidence and the balancing required under [Evidence Code] section 352 will always turn on the facts of the case. Yet courts must weigh those facts carefully." (Id. at p. 834.) The court's ruling is reviewed for an abuse of discretion. (People v. Lewis (2001) 26 Cal.4th 334, 372-373.)

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