What is the test for admitting evidence of third party involvement in the crime?

California, United States of America


The following excerpt is from People v. Butler, E053057 (Cal. App. 2012):

"To be admissible, the third-party evidence need not show 'substantial proof of a probability' that the third person committed the act; it need only be capable of raising a reasonable doubt of defendant's guilt. At the same time, we do not require that any evidence, however remote, must be admitted to show a third party's possible culpability. As this court observed in [People v. Mendez (1924) 193 Cal. 39], evidence of mere motive or opportunity to commit the crime in another person, without more, will not

Page 10

Other Questions


What is the law on unanimity in a criminal case where the evidence of a crime is only a single crime but the evidence supports the theory of the crime? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime, does other-crimes evidence admissible? (California, United States of America)
What is the test for admitting evidence that does not sufficiently connect a third party to the crime? (California, United States of America)
What is the test for admitting evidence that involves crimes other than those for which a defendant is being tried? (California, United States of America)
In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
Can evidence of an uncharged crime be admitted under the California Evidence Code? (California, United States of America)
Does a plaintiff have to share in any profits arising from the sale of a property to a third party in order to claim damages from the third party? (California, United States of America)
What is the test for admissibility of evidence that a third party committed the charged crime? (California, United States of America)
How has the court interpreted other-crimes evidence in a trial where a defendant admitted that he had committed a crime against a witness? (California, United States of America)
What is the test for admissibility of evidence that a third party committed the charged crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.