What is the current state of the law on prejudice under section 352 of the Alberta Evidence Code?
California, United States of America
The following excerpt is from People v. Gutierrez, B259135 (Cal. App. 2016):
" '[A] court need not expressly weigh prejudice against probative value or even expressly state that it has done so, if the record as a whole shows the court was aware of and performed its balancing function under Evidence Code section 352.' " (People v. Lewis (2009) 46 Cal.4th 1255, 1285.)
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