- Published ruling: Riverside Superior Judge Dale Wells’s finding as to a special circumstance reversed in People v. Superior Court (INF2000098/E078405)
- Leonardo Fernandez was charged with the premeditated murder of his 12-week-old son, with a special circumstance of intentional murder with torture. The son had rib fractures, braises, skull fractures and brain contusions. Fernandez claimed his son was injured when Fernandez fell with him during a hike, but later admitted to lying. Fernandez then said his son was injured because he shook him to stop him crying. The judge struck the circumstance of intentional murder with torture. He found that the evidence did not show that Fernandez intended to kill at the moment he killed Marco. The prosecutor appealed. The Court of Appeal agreed with the prosecutor. They ruled that the torture of a person with the intent to eventually kill them qualifies for the special circumstance, even if there is no evidence that the fatal blow was intended to kill.
- Fourth District Court of Appeals, Division Two, Presiding Justice Manuel Ramirez dissented. He argued that there is no evidence that Fernandez actually intended to kill his son.
- Civil: San Bernardino Superior Judge David Cohn’s dismissal reversed in part in Himnel Usa v. Rancho Cucamonga (CIVDS2014554/E076801)
- St. Mary’s Montessori School of Rancho Cucamonga sued the city on claims of religious discrimination. They claim the city delayed the school’s construction and imposed heavy fees based on the school’s religious position. The trial court struck the school’s claims of municipal liability and intentional and negligent interference, and the school appealed. The Court of Appeal agreed that the court should not have struck the claim of municipal liability.
- Juvenile: San Bernardino Superior Judge Steven Mapes’ termination of parental rights conditionally reversed in In re W.N. (J283537, J283538, J283539/E079888)
- A man claims the court took away his children without first investigating their Native American heritage as required by federal law. The San Bernardino Department of Children and Family Services agreed that they failed to investigate properly, and the Court of Appeal reversed the order until their heritage was investigated.
- Criminal: Riverside Superior Judge John Molloy’s denial of resentencing affirmed in People v. Pena (RIF138739/E079661)
- Louie Pena was a member of the Brown Pride Crew Gang. He shot at a member of a rival gang in August, 2007, and was convicted on one count of attempted murder. He received 15 years to life on the charge, and another 27 years for other convictions. He filed a petition to be resentenced under California Penal Code Section 1172.6. Molloy found that the section did not apply to Pena, and so did the Court of Appeal.
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