- Published ruling: San Bernardino Superior Judge Steven Mapes’s bypass of reunification services affirmed in part in In re T.R. (J291308, J291312/E079291)
- Radell R. appealed from a decision that denied him reunification services with his two daughters. His daughters had been removed from him due to serious physical harm, failure to protect, sexual abuse and abuse of a sibling. The San Bernardino County Children and Family Services claimed that Radell and the mother had engaged in domestic violence and used corporal punishment on the girls, and that the mother had poured alcohol on the vagina of one of her daughters. The Court of Appeal found that the judge had not made a required finding that Radell’s daughters would not benefit from reunification services. The Court of Appeal directed the judge to hold a new hearing to determine if reunification services should be granted.
- Published ruling: San Bernardino Superior Judge David Cohn’s dismissal of case affirmed in Bitner v. Department of Corrections And Rehabilitation (CIVDS1605437/E078038)
- Two licensed vocational nurses working for the California Department of Corrections and Rehabilitation sued the state claiming sexual harassment by prison inmates. The trial court threw out the case after finding that the government cannot be held liable for an injury caused by a prisoner according to California law. The nurses appealed, arguing that law should not apply to Fair Employment and Housing Act suits, and that the evidence did not establish that their injuries were caused by prisoners. The Court of Appeal disagreed with both points.
- Criminal: Riverside Superior Judge John Molloy’s denial of resentencing reversed and remanded with directions in P. v. Harper (RIF100702/E074670A)
- Jason Harper was convicted of first degree felony murder in 2002, when he was 16 years old, and participated in a robbery which resulted in the death of a store’s manager. Harper was not the direct murderer. He was resentenced to 25 years to life. He petitioned to be resentenced after Gov. Gavin Newsom signed Penal Code Section 1172.6 into law. Section 1172.6 vacates murder convictions for people who were convicted of murder due to their involvement in a crime that resulted in murder. The trial court denied his petition, and he appealed. The Court of Appeal directed the trial court to hold a hearing to decide whether he should be resentenced.
- Criminal: San Bernardino Superior Judge Michael Knish’s denial of resentencing affirmed in P. v. Palacios (FVA04210/E074054A)
- Alexander Palacios was convicted of first degree murder in 1995. He had participated in a fatal retaliatory shooting against a Fontana family after one of their sons shot Palacios’ friend in self-defense. Palacios petitioned to vacate his sentence under Penal Code Section 1172.6. Section 1172.6 vacates murder convictions for people who participated in a crime that resulted in a murder carried out by another participant in the crime. The trial court denied his petition, and he appealed. The Court of Appeal found that he should not be resentenced under the Penal Code, and affirmed the trial court’s order. Palacios was the direct aider and abettor of the murder, the court found.
- Juvenile: San Bernardino Superior Judge Charles Umeda’s transfer to adult criminal court reversed in In re I.Q. (J281478/E078374A)
- A minor was charged with possession of a firearm, receiving a stolen handgun and carrying a concealed firearm, in addition three misdemeanors for vandalism, criminal threats and battery. On April 27, 2021, the minor and his friends had been waiting in a van when a man high on methamphetamine drove past. After making eye contact with the man, the minor told his friend to drive away. The man followed the minors for 30 minutes. The minor contacted a fellow gang member, who directed the minors to go to a certain intersection so they would both shoot at the man. They fired at least 11 shots, one of which hit the man in the heart. The minor’s case was transferred to criminal court, and he appealed, citing a recent change to California law. AB 2361 required that a juvenile court consider a juvenile’s chance at rehabilitation before transferring a case to criminal court. The Court of Appeal agreed that the juvenile court should now reconsider if the minor should be tried in criminal court given the new law.
- Family: Riverside Superior Judges Kelly L. Hansen and Judith C. Clark’s termination of parental rights affirmed in In re B.B. (SWJ2000156/E079314)
- Parents appeal from the order terminating their parental rights to their two children. Both parents had used methamphetamine, and the mother had done so while pregnant. They argued that the county failed to properly investigate their child’s Native American heritage in fulfillment of federal law. The Court of Appeal disagreed, and found that the county had properly investigated.
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