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State Courts -
California - January 29, 2009
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In re Marriage of Berger, G039234,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 29, 2009, Filed
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Overview: Court erred in failing to treat husband as though he were receiving income to which he was entitled on a current basis, or as "special circumstance" under Fam. Code, ? 4057, warranting a departure from guideline amount of child support, where he chose to invest his salary each month back into his company, while supporting himself with other assets.
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People v. Bennett, S058472,
SUPREME COURT OF CALIFORNIA, January 29, 2009, Filed
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Overview: Trial court did not err in declining to excuse two jurors in defendant's first-degree murder case under Pen. Code, ? 187, subd. (a), where it concluded they could fulfill their duties, and because a juror did not commit prejudicial misconduct during penalty phase deliberations, trial court did not err in denying defendant's motion for a new trial.
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People v. Rodriguez, B203609,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 29, 2009, Filed
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Overview: Because language preserving the presumption of innocence and explaining the prosecution's burden of proof appeared in CALCRIM No. 361, and because CALCRIM No. 361 was consistent with Evid. Code, ? 413, a trial court did not violate defendants due process rights by instructing jury with CALCRIM No. 361 during his attempted murder and mayhem trial.
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