What is the test for reversing a federal district court's decision that excluded evidence of third party culpability in a criminal case?

MultiRegion, United States of America

The following excerpt is from United States v. Espinoza, 880 F.3d 506 (9th Cir. 2018):

The government argues that even if the district court erred in excluding the evidence of third-party culpability, the error was harmless. We disagree. "In the context of nonconstitutional error in criminal cases we must reverse ... unless it is more probable than not that the error was harmless." United States v. Seschillie , 310 F.3d 1208, 1215 (9th Cir. 2002) (internal quotation marks and citation omitted). "The government bears the burden of persuasion and ... [i]n cases of equipoise, we reverse." United States v. Liera , 585 F.3d 1237, 1244 (9th Cir. 2009) (internal quotation marks and citations omitted).

Other Questions


What is the test for reversal of a decision by a federal district court to exclude or admit evidence in a civil case? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
What is the test for reversing a district court's decision to exclude evidence in a civil case? (MultiRegion, United States of America)
In a federal habeas review of a claim of insufficiency of evidence in a criminal case, what are the requirements for the federal court to consider all evidence? (MultiRegion, United States of America)
Does a federal district court violate its own rule of evidence when it excluded evidence that the victims of a mail fraud case suffered no monetary loss? (MultiRegion, United States of America)
Does a federal district court abuse its discretion by refusing to exclude evidence in a civil case? (MultiRegion, United States of America)
Can a federal habeas court review an evidentiary ruling by a state court that invalidates the evidence of a criminal case? (MultiRegion, United States of America)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
What are the implications of a federal district court's decision on a motion brought by a plaintiff in a federal civil case? (MultiRegion, United States of America)
What is the difference between a federal district court's opinion and a federal court's decision on sentencing? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.