What is the test for allowing third party culpability evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Casillas, H042131 (Cal. App. 2017):

"In assessing an offer of proof relating to such evidence, the [trial] court must decide whether the evidence could raise a reasonable doubt as to defendant's guilt and whether it is substantially more prejudicial than probative under Evidence Code section 352." (People v. Bradford (1997) 15 Cal.4th 1229, 1325.) On appeal, we review

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the trial court's evidentiary rulingsincluding a ruling excluding third party culpability evidencefor abuse of discretion. (People v. Clark (2016) 63 Cal.4th 522, 597.)

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