What is the test for third party culpability in a criminal case?
California, United States of America
The following excerpt is from People v. Bolden, D064172 (Cal. App. 2014):
either directly or circumstantially to the actual perpetration of the crime. In assessing an offer of proof relating to such evidence, the 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." ' [Citation.]" (People v. Edwards (2013) 57 Cal.4th 658, 729.) We review the court's ruling on the admissibility of third-party culpability evidence for abuse of discretion. (People v. Prince (2007) 40 Cal.4th 1179, 1242.)
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