- Family: Riverside Superior Judge Michael Rushton’s finding that the Indian Child Welfare Act does not apply reversed and remanded with directions in In re D.B. (RIJ1400967/E080703)
- A mother appeals from an order terminating her parental rights following a protective custody warrant. She argued that Riverside County did not properly investigate her child’s ancestry as required by federal law. The county agreed it did not investigate, but said it did not have to, because the child was removed from the mother’s custody due to a protective custody warrant. The Court of Appeal disagreed with the county’s interpretation, and ordered an investigation.
- Criminal: Riverside Superior Judge Timothy Hollenhorst’s finding that a police search was constitutional reversed in People v. Viramontes (RIF2202333/E079992)
- A police officer stopped Jason Viramontes because his car had illegally tinted windows. The officer patted down Viramontes, then searched his car, and found 46 grams of methamphetamine and two guns. The trial court found that the pat down was unconstitutional because there were no facts suggesting Viramontes was armed and dangerous, but that the search of the car was constitutional. Viramontes appealed. The Court of Appeal found that the car search was unconstitutional, and ordered the court to withdraw Viramontes’ nolo contendere plea.
- Wrongful death: San Bernardino Superior Judge Wilfred Schneider’s order to arbitration overturned in Saenz v. Superior Court (CIVSB2200579/E081098)
- Alice Saenz died in a residential care facility owned and operated by Citrus Nursing Center and Sun Mar Management Services. Before she was admitted, she agreed to an arbitration agreement. Saenz’s son, James Saenz, filed two wrongful death cases that alleges elder neglect and negligence. One case he brought on his mother’s behalf, the other he brought on his own behalf. The trial court ordered the case filed on his mother’s behalf to arbitration. He appealed. The Court of Appeal agreed that the arbitration agreement is not enforceable against his claim, and ordered the court to vacate its order.
- Criminal: Riverside Superior Judge Samuel Diaz’s finding of violation of probation reversed in People v. Hughes (RIF1904827/E078007)
- Andre Jerome Hughes Jr. was on three years of probation after pleading guilty to attempted robbery. He was found to have violated probation, and was sentenced to three years in prison. During his sentencing, Hughes asked for a hearing to determine any conflict of interest with his attorney. The request was ignored. The Court of Appeal found that the hearing should have been held, reversed the judgment against Hughes, and ordered the court to hold a new hearing.
- Criminal: Riverside Superior Judge Samuel Diaz’s conviction affirmed in People v. Meza (RIF1904071/E077952)
- Armando Meza was convicted of murder and sentenced to 26 years to life. He had killed Phillip Bucks over saying Bucks could not sit in a section of Riverside’s Lincoln Park. He appealed, arguing insufficient evidence, misleading and incorrect jury instructions, ineffective counsel and prosecutorial misconduct. The Court of Appeal found no error.
- Criminal: San Bernardino Superior Judge Ingrid Uhler’s conviction affirmed in People v. Guzman (FWV21000856/E078441)
- Arturo Guzman of Fontana stabbed his son and his son’s girlfriend with two kitchen knives in what the appellate ruling called an unprovoked attack. He was convicted of two counts of attempted murder and two counts of assault with a deadly weapon. The court sentenced him to 12 years eight months in prison. Guzman appealed, arguing ineffective counsel and that his counsel admitted his guilt. The Court of Appeal found no error.
- Real estate development: Riverside Superior Judge Lawrence Fry’s summary judgment reversed in Stuart v. Cannavino (PSC1804352/E078327)
- Bruce Stuart bought a $2.496 million Thermal equestrian property with barns that had been converted into apartments. After escrow, Riverside County red tagged the apartments as inhabitable because of code violations and safety hazards. Stuart sued the sellers, James and Elma Garcia Cannavino, for misrepresentation, fraud and breach of contract. The trial court granted summary judgment to the Cannavinos, and Stuart appealed. The Court of Appeal ordered the case reinstated.
- Criminal: Riverside Superior Judge Judith Clark’s sentencing affirmed in People v. Taylor (RIF1705016/E079871)
- Daniel Taylor participated in the armed robbery of a Moreno Valley Sprint store on Oct. 19, 2017. He, with an accomplice, stole more than 80 phones and $400 in cash. He was convicted of four counts of robbery and one count of leading police on a high speed chase. His appeal argued that the trial court should have considered his age and sentencing enhancements due to recently passed laws, but did not do so. The Court of Appeal found no error.
- Criminal: Riverside Superior Judge John Molloy’s denial of petition for resentencing affirmed in People v. Zaiza (RIF116172/E081236)
- Jose Roberto Zaiza was convicted of attempted premeditated murder, torture, commercial burglary and street terrorism. He was charged in 2005. Zaiza petitioned for resentencing under Penal Code Section 1172.6, which removed a theory under which people could be convicted of murder if they had not directly committed the murder themselves. The trial court, and the Court of Appeal, both found that Section 1172.6 did not apply to Zaiza’s case.
- Civil: San Bernardino Superior Judge J. David Mazurek’s denied the appeal in Valdez v. Superior Court (FSB1203461/E080205)
- Ponciolo Valdez and his brother were charged with the murder of Edward Urena, active gang participation, and possession of a firearm by a felon. He petitioned to have his enhancements dismissed. The Court of Appeal denied his writ petition because the trial court did not err.
- Criminal: San Bernardino Superior Judge Tony Raphael’s enhancement affirmed in People v. Bennett (FVI21001387/E079175)
- Ronald Dale Bennett was accused of beating, stabbing, dousing in flammable material and igniting a man, after removing the man’s prosthetic leg. He was convicted of first-degree murder with a prior strike and was sentenced to 55 years to life. Bennett argued ineffective counsel because his attorney did not argue for the dismissal of the prior strike. The Court of Appeal found no error.
- Criminal: San Bernardino Superior Judge John People Vander Feer’s denial of request to preserve evidence affirmed in People v. Jackson (VCR351/E080543)
- Stanley Jackson was convicted of first degree murder of a Jane Doe in 1977. Jackson had broken into her home, and she was found naked and covered with blood from stab wounds. He left behind his knife’s scabbard, which had his initials. He then told his cellmate, while in jail, that he had killed a girl. He was sentenced to life in prison. He filed a motion to preserve evidence for a future youth offender parole hearing. Since he was 20 years old at the time, the trial court and Court of Appeal found he was not eligible for a youth offender parole hearing.
- Family: San Bernardino Superior Judge Steven Mapes’s finding that San Bernardino County properly investigated a child’s possible Native American heritage before removing him from his parent’s care conditionally reversed in In re G.E. (J292049/E081092)
- The Court of Appeal found that the county did not properly investigate by failing to contact certain tribes, and ordered it to do so.
- Family: Riverside Superior Judge Dorothy Mclaughlin’s finding that Riverside County properly investigated a child’s possible Native American as required by the Indian Child Welfare Act. conditionally affirmed in In re PeopleL. (RIJ120253/E080664)
- The court ordered the county to continue investigating the children’s possible Native American heritage as required by federal law, but did not immediately terminate the court’s order.
- Family: Riverside Superior Judge Susanne Cho’s finding that the Indian Child Welfare Act does not apply affirmed in In re D.S. (DPIN2200005/E080751)
- Family: Riverside Superior Judge Dorothy Mclaughlin’s finding that Riverside County properly investigated a child’s possible Native American as required by the Indian Child Welfare Act. affirmed in In re K.G. (DPR12200201/E080711)
- Family: Riverside Superior Judge Dorothy Mclaughlin’s finding that Riverside County properly investigated a child’s possible Native American as required by the Indian Child Welfare Act. affirmed in In re Ashton C. (RIJ2000558/E079831)
- Family: Riverside Superior Judge Kelly Hansen’s removal from custody despite minor Indian Child Welfare Act error affirmed in In re v.R. (SWJ1900234/E080680)
- Family: Riverside Superior Judge Dorothy Mclaughlin’s finding that Riverside County properly investigated a child’s possible Native American as required by the Indian Child Welfare Act. conditionally reversed in In re A.People (RIJ2000245/E080185)
- Family: Riverside Superior Judge Dorothy Mclaughlin’s finding that the Indian Child Welfare Act does not apply reversed in In re J.M. (RIJ1200752/E080227)
- Family: San Bernardino Superior Judge Steven Mapes’s finding that the Indian Child Welfare Act does not apply reversed in In re E.C.-S. (J287587, J287588/E081138)
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