No. 21-6998

Robert Lars Pape v. California

Lower Court: California
Docketed: 2022-01-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-defense criminal-procedure due-process evidence evidence-exclusion right-to-present-defense standard-of-review third-party-culpability
Key Terms:
AdministrativeLaw DueProcess Takings CriminalProcedure Privacy
Latest Conference: 2022-03-04
Question Presented (AI Summary)

Does the Constitution permit the exclusion of a defendant's presentation of substantial evidence of third-party culpability simply because the court believes the prosecution has presented evidence of the defendant's guilt?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Ten years after three victims were found dead in Riverside County, California, authorities charged Mr. Pape and his friend Cristin Smith with their murders. The prosecution’s theory was that one of the victims, Mr. Pape’s exgirlfriend, intended to see him on the night of the crimes, as evidenced by her alleged statements to a third party. Defense counsel sought to introduce evidence from nine witnesses that two other men — including the third-party who testified about the victim’s hearsay statements — actually committed the crimes. The trial court excluded the defense in its entirety, based on its perception of the strength of the prosecution’s case. The court of appeal endorsed that view and compounded the trial court’s error by refusing to apply this Court’s well-established jurisprudence regarding the right to present a defense. Instead, the court reviewed the error under state law, holding inter alia, that the trial court did not abuse its discretion in excluding the testimony because its admission would have resulted in a “minitrial.” This case presents questions of critical importance and warrants this Court’s plenary review: 1. Does the Constitution permit the exclusion of a defendant’s presentation of substantial evidence of third-party culpability simply because the court believes the prosecution has presented evidence of the defendant’s guilt? 2. May a court condition the presentation of a third-party culpability defense upon the defendant demonstrating that there is “direct or circumstantial evidence linking the third person to the actual ii perpetration of the crime”? And, if so, may a court apply that standard to require a defendant to disprove any circumstances that may exculpate the third party before being permitted to present the defense to the jury?

Docket Entries

2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-02-14
Waiver of right of respondent California to respond filed.
2022-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 2, 2022)
2021-11-16
Application (21A158) granted by Justice Kagan extending the time to file until January 22, 2022.
2021-11-10
Application (21A158) to extend the time to file a petition for a writ of certiorari from November 23, 2021 to January 22, 2022, submitted to Justice Kagan.

Attorneys

California
Annie Featherman FraserCalifornia Attorney General's Office, Respondent
Robert Lars Pape
Michael David LaurenceLaw Office of Michael Laurence, Petitioner