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

California, United States of America


The following excerpt is from People v. Weese, D063852 (Cal. App. 2014):

For third party culpability evidence to be admissible under California law, " ' "there must be direct or circumstantial evidence linking the third person to the actual perpetration of the crime." ' " (Prince, supra, 40 Cal.4th at p. 1242, italics omitted.) Further, "the exclusion of weak and speculative evidence of third party culpability does not infringe on a defendant's constitutional rights." (People v. Gonzales (2012) 54 Cal.4th 1234, 1261.)

Other Questions


What is the test for allowing third party culpability evidence in a criminal case? (California, United States of America)
What is the test for presenting evidence of third party culpability in a criminal case? (California, United States of America)
What is the test for allowing evidence of third party culpability in a criminal case? (California, United States of America)
What is the test for excluding third party culpability evidence in a criminal case? (California, United States of America)
What is the test for establishing evidence of third party culpability in a criminal case? (California, United States of America)
What is the test for presenting evidence of third party culpability in a criminal case? (California, United States of America)
What is the test for presenting evidence of third party culpability in a criminal case? (California, United States of America)
Does the exclusion of third party culpability evidence in a criminal case violate a defendant's right to present a defense? (California, United States of America)
Is third party culpability evidence in a federal civil case permissible? (California, United States of America)
What is the test for third party culpability in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.