- Published ruling, restraining orders between a couple: Riverside Superior Judge James Warren’s competing restraining orders affirmed in case Salmon v. Salmon (Dvhe1906683/E075748)
- After a husband and wife filed competing domestic violence restraining motions against each other, the court awarded only the wife’s. The husband appealed, arguing that his motion should also have been granted. The Court of Appeal disagreed, finding that the trial court did not abuse its discretion. They ruled that California Family Code Section 6305 does not govern two people’s competing requests for protective orders, and that it instead allows the court to weigh the acts of the parties and determine if one was a dominant aggressor before issuing a mutual restraining order.
- Murder resentencing under California’s Reform Law Section 1172.6 (formerly Section 1170.95): Riverside Superior Judge Charles Koosed’s sentencing affirmed in case People v. Garcia (Cr47377/E077916)
- Joseph Garcia was convicted of second degree murder in 1993, after initiating a Lake Elsinore street fight that ended in a fatal shooting. He was sentenced to 26 years to life. He petitioned to be resentenced under a new form of relief in California, but both the trial court and appellate court ruled that the relief did not apply to his situation.
- Domestic Violence Prevention Act: Riverside Superior Judge Temporary Judge Joan Burgess’ protective order affirmed in case Marriage Of Macias And Cuevas (Hed1500092/E078233)
- A father appeals from a protective order that prevents him from seeing his former wife and daughter. The mother claimed he had sexually abused their daughter, and was verbally and emotionally abusive. The Court of Appeal ruled that the father has not provided any legal argument to overturn the decision.
- Civil harassment: Riverside Superior Judge Mark Johnson’s civil harassment injunction affirmed in case Becker v. Warner (Cvco2101399/E077457)
- Eun Warner appealed a decision to grant a civil harassment injunction against her, brought by her neighbor. She claimed her neighbor, Traci Becker, filed false proofs of service, did not provide enough evidence to prove Warner committed harassment and committed perjury. The Court of Appeal denied her appeal, saying Warner failed to provide an adequate record.
- Criminal: San Bernardino Superior Judge John Vander Feer’s denial of a juvenile transfer affirmed in case People v. Broadey (Fvi1202221/E079201) Deqjuan Broadey pleaded no contest to one count of assault with a firearm, and filed for a juvenile transfer which the court denied. The Court of Appeal agreed with the denial, finding that Broadey was 18-years-old at the time of the offense, and was not entitled to hearings under juvenile law.
- Employment: Riverside Superior Judge Russell Moore’s denial of a writ of mandate affirmed in case Dagnino v. The Commission On Professional Competence (Blc2000109/E077089)
- Former teacher George Dagnino was fired as a special education teacher at Appleby Elementary School after yelling at his school’s principal and encouraging a student to hide the jacket of a special education student with anger issues, as a prank. He filed a petition for a writ of mandate to overturn his dismissal, which the trial court denied. The Court of Appeal agreed with the trial court, finding that his dismissal was appropriate.
- Criminal, murder resentencing under California Penal Code Section 1172.6 (formerly Section 1170.95): Riverside Superior Judge John Molloy’s sentencing reversed and remanded with directions in case People v. Miller (Cr57524/E076569a)
- Anthony Miller was convicted of first degree murder in 1995 after telling an associate, during a robbery, to “just shoot (the man they were robbing).” He appealed his sentence, claiming a new law, Penal Code Section 1172.6, grants him relief. The Court of Appeal agreed
- Family, Indian Child Welfare Act: Riverside Superior Judge Susanne Cho’s termination of parental rights affirmed in case In re A.S. (Inj1900286/E078987)
- A mother argued that the court removed her children from her without first investigating their Native American history, as required by federal law in order to give the appropriate tribes the right to claim the children as their own wards. The Court of Appeal agreed that the county did not properly investigate their ancestry, and directed them to do so.
- Diversion programs: Riverside Superior Judge F. Paul Dickerson’s finding that the defendant was not eligible for a mental health pretrial diversion program affirmed in case People v. Sapienza (Swf1500341/E077714)
- Jeffrey Sapienza pleaded guilty to criminal threats in 2015, after demanding a man return $20, and was sentenced to three years of prison. He appealed, arguing he should be in a diversion program for people diagnosed with mental disorders. The Court of Appeal found that his placement in the program would be entirely up to the judge, if he qualified, and denied his petition.
- Criminal, hate crime: Riverside Superior Judge John Molloy’s setting aside a hate crime allegation granted a petition in case People v. Superior Court (Zesk) (Rif2010146/E079604)
- Darren Zesk fatally shot Massai Cole after Cole beat up Zesk’s nephew in 2020. The court set aside the hate crime allegation, which prosecutors appealed. They argued Zesk singled Cole out, based on his online praise of Adolf Hitler and the Ku Klux Klan, and other evidence of racism. The Court of Appeal found that the hate crime allegation should have not been dismissed, finding that the grand jury had probable cause to return an indictment on the allegation.
- Family, Indian Child Welfare Act: Riverside Superior Judge Cheryl Murphy’s termination of parental rights reversed in case In re D.B. (Rij2100014/E079380)
- Parents argued that the court removed their children from their care without first investigating their Native American history, as required by federal law in order to give the appropriate tribes the right to claim the children as their own wards. The Court of Appeal agreed that the county did not properly investigate their ancestry, and directed them to do so.
- Lis pendens: Riverside Superior Judge Lydia Villareal’s expungement of lis pendens granted a petition in case Lazaro v. Superior Court (Cvri2201037/E079388)
- A couple sued their son and daughter-in-law for selling the house they lived in together, claiming they were entitled to it as part of an oral argument to mutually pay off the mortgage. The parents’ names were not on title. The home owners requested the trial court to throw out the case, and when the court denied that request, they appealed. The Court of Appeal ruled that the case should be thrown out.
- Family, Indian Child Welfare Act: Riverside Superior Judge Michael Rushton’s termination of parental rights reversed in case In re A.G. (Swj1500240/E079103)
- Parents argued that the court removed their children from their care without first investigating their Native American history, as required by federal law in order to give the appropriate tribes the right to claim the children as their own wards. The Court of Appeal agreed that the county did not properly investigate their ancestry, and directed them to do so.
- Criminal: Riverside Superior Judge John Molloy’s sentencing affirmed in case People v. Herrera (Cr37320/E079657)
- Mark Herrera shot and killed a man who was trying to break up a fight at a house party in 1990, when Herrera was 17 years old. A jury found him guilty of second degree murder and personal use of a firearm, and sentenced him to 19 years to life. He appealed his sentence after a California crime reform law that raised the bar to be convicted of murder. The Court of Appeal found that the reform did not apply to his case.
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