- Criminal: Riverside Superior Judge Anthony Villalobos’s denial of resentencing affirmed in People v. Lucas (ICR9720/E079563)
- Wilfred Lucas participated in a home invasion that resulted in the death of an accomplice and the death of a home resident. In 1986, he was convicted of first-degree murder, attempted robbery and first degree burglary. He filed a petition for resentencing under Penal Code Section 1172.6, which strikes murder convictions for people who had been convicted of murder despite not directly killing the victim. He appealed, arguing that the court erred by relying on parole hearing testimony. The Court of Appeal found that the testimony was sufficient.
- Family law: San Bernardino Superior Judge Steven Mapes’s finding of dependency affirmed in In re R.H. (J283368/E079932)
- A child was taken into county custody after his sister was born with methamphetamine in her system, and was abandoned in the hospital for two days. For two years between the sister’s birth and the court finding, his parents concealed his location from San Bernardino County. The parents claimed insufficient evidence to support county custody, and that the county did not properly investigate the child’s ancestry as required by the federal Indian Child Welfare Act. The Court of Appeal disagreed.
- Civil: San Bernardino Superior Judge Brian McCarville’s dismissal affirmed in Patkins v. Piantini (CIVDS1504254/E077938)
- David Patkins was found guilty of second degree murder and child abuse resulting in death in 2002. Rebeca Piantini is a doctor who testified at Patkins’ trial. She said the 6-month-old victim died of abusive head trauma. Patkins sued Piantini for fraud, intentional infliction of emotional distress and violations of the Business and Professions Code in 2015. He claimed that Piantini fraudulently changed the cause of death as reported by the county medical examiner. The case was thrown out, and Patkins appealed. He argued that McCarville should have granted him the ability to correct errors in his complaint. The Court of Appeal found that Patkins failed to show that he should have been granted that chance.
- Family law: San Bernardino Superior Judge Erin Alexander’s denial of family reunification services affirmed in In re H.M. (J291848, J291849, J291850, J291851/E080124)
- Parents claimed they should have been granted reunification services with their child whom they had sexually abused. The Court of Appeal disagreed.
- Criminal: Riverside Superior Judge Elaine Kiefer’s sentence reversed and remanded with directions in People v. Kiger (SWF1907584/E079252)
- Johnathan Kiger was convicted of domestic battery in 2020. He appealed his sentence, arguing that his right to be present at sentencing was violated. He was not present at his sentencing hearing. The Court of Appeal agreed, and ordered him to be resentenced.
- Family law: San Bernardino Superior Judge Steven Mapes’s denial of modification petition affirmed in In re M.M. (J290909, J290910/E080117)
- Parents were separated from their three children after they were found to be severely neglecting and abusing them. They filed a petition to modify the order, which was denied. The Court of Appeal found that Mapes did not abuse his discretion when he denied the request.
- Criminal: Riverside Superior Judge Samuel Diaz’s conviction affirmed in People v. Estrella (RIF1705258/E076273)
- Luis Estrella was convicted on multiple counts of sexual abuse of his step-daughter. He was sentenced to 270 years to life. He argued Diaz incorrectly instructed the jury in two ways. The Court of Appeal found no error.
- Family law: San Bernardino Superior Judge Steven Mapes’s removal from parental custody affirmed in In re M.M. (J273626, J273627, J273628, J273629/E079986)
- Parents appealed an order removing their four children from their custody. Mapes had found that the mother had tested positive for methamphetamine at the time of birth of one of the children. The parents argued that the county failed to properly investigate their ancestry as required by the federal Indian Child Welfare Act. The court found that the error, admitted by the county, does not warrant a reversal, because the order did not terminate parental rights or establish a legal guardianship.
- Criminal: San Bernardino Superior Judge Ingrid Adamson Uhler’s conviction affirmed in People v. Avelar (FWV21000156/E079908)
- Fabian Avelar was convicted of attempted murder, after a 2020 shooting of a driver outside an Ontario liquor store. The Court of Appeal found no arguable issues with his conviction.
- Criminal: Riverside Superior Judge Bernard Schwartz’s conviction affirmed in People v. Garcia (RIF1802162/E078159)
- Daniel Garcia shot the driver and the passenger of a car in the head, killing them both. He was convicted of two counts of first degree murder, and he was sentenced to two consecutive life terms without the possibility of parole. He argued his convictions must be reversed because of a lack of substantial evidence, because the jury began deliberations shortly after closing arguments and because Garcia’s expert witness testified before he testified. The Court of Appeal rejected these arguments.
- Criminal: Riverside Superior Judge Charles J. Koosed and Stephen J. Gallon’s sentencing partly affirmed in People v. Edwards (INF2000487/E077753)
- Brian Anthony Edwards was convicted of torture, assault, criminal threats, false imprisonment and spousal injury after he beat and tortured his wife with a baseball bat, an HDMI cord and his fists. He was sentenced to nine years and eight months in prison. He appealed his sentence, arguing that a new law requires a new sentence, and that his sentence should have been stayed. The Court of Appeal agreed that the new law, AB 518, gives courts the discretion to choose between sentences, and directed the court to decide which sentence he should receive.
- Family law: Riverside Superior Judge Kelly Hansen’s termination of parental rights reversed and remanded with directions in In re J.C. (RIJ1700505/E080340)
- A mother’s parental rights to three of her seven children were revoked after her oldest child was hospitalized for injuries alleged to be caused by her. She appealed, arguing that Riverside County failed to investigate her children’s ancestry as required by the federal Indian Child Welfare Act. The Court of Appeal found that the county did not properly investigate. The court ordered the child’s ancestry to be investigated.
- Criminal: Riverside Superior Judge Sean Crandell’s denial of resentencing affirmed in People v. Hale (RIF103852/E079849)
- Charles Lennard Hale was charged with attempted murder, assault with a semi-automatic firearm and discharge of a firearm from a moving vehicle in 2003. He was convicted on all counts. He petitioned to be resentenced under Penal Code Section 1172.6, and Crandell denied his petition. Hale argued that he was not the actual killer, and that he did not know the actual killer had a gun. He also, however, was not found guilty under the murder theory which Section 1172.6 overturned. The Court of Appeal found that the section did not grant him relief.
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