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

California, United States of America


The following excerpt is from People v. Waiters, C067669 (Cal. App. 2014):

"To withstand a challenge under Evidence Code section 352, evidence of a third party's culpability 'need only be capable of raising a reasonable doubt of [the] defendant's guilt.' [Citation.]" (People v. Cudjo (1993) 6 Cal.4th 585, 609.) Here the

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