What is the test for admitting third party evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Smyer, B283604 (Cal. App. 2019):

"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 Mendez, evidence of mere motive or opportunity to commit the crime in another person, without more, will not suffice to raise a reasonable doubt about a defendant's guilt: there must be direct or circumstantial evidence linking the third person to the actual

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perpetration of the crime." (People v. Hall (1986) 41 Cal.3d 826, 833 (Hall).)

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