What is the test for admitting evidence that does not sufficiently connect a third party to the crime?

California, United States of America


The following excerpt is from People v. Farley, D062857 (Cal. App. 2014):

"[T]he Constitution permits judges 'to exclude evidence that is "repetitive . . . , only marginally relevant," or poses an undue risk of "harassment, prejudice, [or] confusion of the issues." ' " (Holmes v. South Carolina (2006) 547 U.S. 319, 320 [stating that evidentiary rules that preclude the admission of third-party culpability evidence that does not sufficiently connect the third person to the crime are "widely accepted"].)

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