- Criminal, resentencing under Penal Code Section 1170.95: Riverside Superior Judge John Molloy’s denial of resentencing affirmed in case P. v. Pulidocolmenero (SWF1607111/E079321)
- Jorge Pulidocolmenero was sentenced to 50 years after being convicted of using a gun to murder Gordon “Flash” Guinn in Homeland in December, 2016. He petitioned to be resentenced after California amended murder convictions using the natural and probable consequences doctrine. Both the trial court and the Court of Appeal found that the new law does not apply to his situation.
- Criminal, resentencing under Penal Code Section 1170.95: Riverside Superior Judge John Molloy’s denial of resentencing affirmed after appeal abandoned in case P. v. Johnson (RIF149172/E079189)
- Kenyatta Johnson was sentenced to a 44 years to life after she was found guilty of attempted murder and selling cocaine. She petitioned to be resentenced after California amended murder convictions using the natural and probable consequences doctrine. Her appeal was abandoned after she did not provide a supplemental brief.
- Criminal, due process: San Bernardino Superior Judge Jon Ferguson’s judicial conduct affirmed in case P. v. Pereira (FWV21000792/E077293)
- Arnold Pereira was sentenced to two years in prison after being found guilty of assault with a deadly weapon and vandalism. He appealed, claiming the court engaged in ex parte communications with the jury.
- Family law, Indian Child Welfare Act: Riverside Superior Judge Temporary Judge Harry Staley’s termination of parental rights conditionally reversed with directions in case In re J.B. (RIJ2100454/E079399)
- Under federal law, a child’s Native American ancestry must be investigated before they are removed from their parents, in order for tribes to be able to claim them instead of putting them into the foster system. In this case, a child’s ancestry was not well investigated by the Riverside County Department of Public Social Services, so the termination of the father’s parental rights is reversed.
- Criminal, murder resentencing under Penal Code Section 1172.6: Riverside Superior Judge John Molloy’s denial of resentencing affirmed in case P. v. Richards (RIF131424/E078962)
- Anthony Richards is serving two years plus 40 years to life after being found guilty of murdering a woman in 2007. He applied to be resentenced under a California crime reform bill. Both the appellate court and the trial court agreed that the reform did not apply to his case.
- Criminal, sentencing under Penal Code Section 1385.: San Bernardino Superior Judge Steve Malone’s denial of resentencing affirmed in case P. v. Craig (RIJ2200026/E079367)
- Christopher Craig was sentenced to 29 years in state prison in 2005, after he pleaded guilty to 10 counts of robbery, with 15 enhancements. He petitioned to have his sentence reduced after the legislature gave judges the power to reduce enhancement sentences. His petition was denied, and the court of appeal found no arguable issues in his appeal.
- Court jurisdiction: Riverside Superior Judge Mark Petersen’s transfer to criminal court reversed and amended in case In re J.T. (RIJ2200026/E079150)
- A minor charged with murder Jan. 12, 2022, appealed his transfer from juvenile to criminal court. Due to the recently signed AB 2361, both the DA and the minor agree that his case should now remain in juvenile court.
- Court orders, AIDS testing: Riverside Superior Judge F. Paul Dickerson’s order to submit to AIDS testing affirmed in part in case P. v. Lopez (SWF2007526/E077930)
- Anthony Lopez, who pleaded guilty to five counts of pedophilic acts in 2021, appealed against a court order to undergo AIDS testing. He argued, and the prosecutors and the appellate court later agreed, that there is insufficient evidence to support the testing order.
- Divorce: Riverside Superior Judge Temporary Judge Mickie Reed’s order to sell a house affirmed in case Marriage of Shapiro (IND1302153/E076862)
- A woman going through a divorce appealed a commissioner’s ruling to sell the house as part of the divorce proceedings.
- Criminal, resentencing under Penal Code Section 1172.6: Riverside Superior Judges John Molloy and Becky Dugan’s denial of resentencing dismissed in case P. v. Garrett (RIF1204443/E079663)
- David Garrett appealed the denial of his petition to be resentenced. The Court of Appeal dismissed his case as abandoned.
- Juvenile: San Bernardino Superior Judge Charles Umeda’s motion to suppress affirmed in case In re J.v. (J291399/E078596)
- A student at an unnamed high school was prosecuted for having a knife on school grounds. The student filed a motion to suppress evidence, claiming the assistant principal’s search of his backpack after a bloody school fight in which he did not participate was unlawful. The trial court denied his motion, and the appellate court found that the assistant principal acted with fair and substantial reason.
- Criminal, jury instructions: Riverside Superior Judge Matthew Perantoni’s jury instructions affirmed in case P. v. Laguna (RIF1803494/E077324)
- Arthur Laguna was found guilty of murder, and sentenced to 50 years to life on June 14, 2021. Laguna had killed a man in a shopping market’s parking lot in Perris July 31, 2018. He claimed the court erred by giving the jury the wrong jury instructions. The appellate court ruled that, even if the court did make a mistake, that error would be harmless.
- Criminal, resentencing under Penal Code Section 1170.95: San Bernardino Superior Judge Kyle Brodie’s denial of resentencing affirmed in case P. v. Polk (FWV012744/E077815)
- Kenneth Polk shot the owner of a used car dealership in 1997. He filed three petitions for resentencing, each of which was denied. The appellate court ruled that his record proved he was ineligible for resentencing relief.
- Criminal, resentencing under Penal Code Section 1170.95: Riverside Superior Judges John Molloy and Becky Dugan’s denial of resentencing reversed and remanded in case P. v. Halstead (CR49567/E077556)
- Shawn Halstead attempted to rob Edward Ahumada with Esteban Nerey in 1993, after Ahumada said he would sell methamphetamine for them, but later claimed he had been robbed and had no money or drugs. During the robbery, Nerey shot and killed Nerey. Halstead was also convicted of murder under California’s sentencing law. After a recent reform, his murder conviction could be cleared. His petition was initially denied by Riverside Superior Court, but a recent Supreme Court case clarified that he gets relief.
- Criminal, plea deal: San Bernardino Superior Judge Miriam Morton’s conviction affirmed in case P. v. Kessler (FVI20002445 & FVI20003332/E078939)
- Michael Kessler pleaded no contest to assault with a deadly weapon and vandalism on March 17, 2022, and was sentenced to 10 years, eight months in state prison. Kessler appealed, but did not file a personal supplemental brief. The Court of Appeal found that no arguable issues exist.
- Family law, Indian Child Welfare Act: Riverside Superior Judges Dorothy McLaughlin, Cheryl Murphy and Walter Kubelun’s termination of parental rights conditionally reversed with directions in case In re A.A. (RIJ2000519/E079407)
- Under federal law, a child’s Native American ancestry must be investigated before they are removed from their parents, in order for tribes to be able to claim them instead of putting them into the foster system. In this case, a child’s ancestry was not well investigated by the Riverside County Department of Public Social Services, so the termination of the father’s parental rights is reversed.
- Criminal, representation: San Bernardino Superior Judge Michael Libutti’s appointment of public defender affirmed in case P. v. Williams (FVA015674/E079502)
- Lawrence Williams pleaded guilty to two counts of attempted murder in 2003. In January, 2020, he filed a motion to correct his sentencing record, due to time spent in jail before his sentence. A public defender represented Williams at the hearing and waived Williams’ presence. He won the motion. Williams argued on appeal that he did not consent to be represented by the public defender.
- Family law, Indian Child Welfare Act: San Bernardino Superior Judge Steven Mapes’ termination of parental rights affirmed in part in case In re K.L. (J282009 & J282010/E078302)
- Under federal law, a child’s Native American ancestry must be investigated before they are removed from their parents, in order for tribes to be able to claim them instead of putting them into the foster system. In this case, two children’s ancestry was not well investigated by the San Bernardino County Children and Family Services, so the termination of the father’s parental rights is reversed.
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