- Development: San Bernardino Superior Judge Gilbert Ochoa’s order to invalidate permits reversed with directions in Friends of Big Bear Valley v. County of San Bernardino (CIVDS1409159/E077602)
This case revolves around a Big Bear condominium project that has been approved since 1991. Construction began in the early 2000s, but stopped after a federal injunction. San Bernardino County issued a grading permit in September 2011 and two demolition permits in April 2014. On June 24, 2014, the Friends of Big Bear Valley and the Center for Biological Diversity petitioned for a writ of mandate that would say Marina Point Development Associates’ development permit had expired. A San Bernardino Superior judge denied their petition in December 2015, finding that the petition was barred by a statute of limitations. The parties went through two appeals and a trial before coming to this current appeal. Ochoa had denied MPDA’s request for a new trial because he believed the prior appellate ruling left nothing for retrial. Not so, the Court of Appeal ruled. It is up to the superior court to decide if Friends meets its burden of proof in its attempt to prove the permits are invalid, the Court of Appeal said. - Criminal: San Bernardino Superior Judge Kawika Smith’s denial of resentencing reversed in People v. Adams (FVI800765/E079691)
Gabriel Adams was convicted of voluntary manslaughter after he encouraged a shooting on April 6, 2008. Adams had been at a party in Apple Valley with Matthew Santos and Jose Acosta. Acosta got into a fist fight, and the three of them left together. Adams told Santos to get his gun, and they returned to the party, where Adams again told Santos to take out his gun. Santos fatally shot the man who had fought with him. Adams pleaded guilty to voluntary manslaughter with a gang enhancement on July 23, 2010, and was sentenced to 25 years in prison. He petitioned to be resentenced under Penal Code Section 1172.6, which narrowed the conditions under which a defendant can be convicted of murder. Smith denied his request, and Adams appealed. The Court of Appeal ruled that Smith improperly relied on the preliminary hearing evidence when he ruled against Adams, and directed the court to hold a hearing to determine if Adams qualifies for resentencing. - Criminal: San Bernardino Superior Judge Bridgid Mccann’s denial of resentencing dismissed in People v. Baskett (FVA1001189/E080215)
Brandon Baskett was convicted of murder in 2011. He petitioned to be resentenced, and appealed when his petition was denied. The Court of Appeal found his appeal abandoned because he did not file a supplemental brief. - Criminal: San Bernardino Superior Judge Gregory Tavill’s denial of motion to vacate plea affirmed in People v. Bustos (FSB1501194/E078658)
Heriberto Bustos was deported after he pleaded guilty to assault with a deadly weapon on Aug. 25, 2016. Bustos had thrown a broken beer bottle at a neighbor, lacerating his jaw. Because he was not a United States citizen, the crime made him eligible for deportation. Bustos moved to withdraw his plea, arguing that he did not know it could open him up to deportation. Tavill denied his motion, and Bustos appealed. The Court of Appeal found that Bustos was informed of his options. - Criminal: San Bernardino Superior Judge Charlie Hill’s revocation of probation dismissed in People v. Castaneda (FVI22001753/E081333)
Carlos Castaneda appealed from an order revoking his probation. Since he did not file a supplemental brief, the Court of Appeal found his appeal abandoned. - Criminal: San Bernardino Superior Judge Harold Wilson’s denial of resentencing affirmed in People v. Castillo (FSB17000145/E081485)
Isaac Castillo was convicted by jury of first degree murder, first degree burglary, false imprisonment and unlawful possession of a firearm on Jan. 5, 2018. He was sentenced to 205 years to life. He petitioned to be resentenced under Penal Code Section 1172.6. Wilson denied his petition, and Castillo appealed. The Court of Appeal agreed with Wilson that Section 1172.6 does not apply to Castillo, because he was the actual killer. - Family: San Bernardino Superior Judge Cara Hutson’s denial of reunification services affirmed in In re M.People (J285460 & J290697/E081201)
A man filed a petition for reunification services with his two alleged children on April 28. He was absent during the children’s early life, did not ask the children to visit him when he was jailed, did not claim the children as his own and did not provide financial support. Hutson denied his petition after finding that he did not prove he was the presumed father. The Court of Appeal found that Hutson’s decision was reasonable. - Family: Riverside Superior Judge Natalie Lough’s termination of parental rights reversed and remanded with directions in In re J.B. (DPIN2200015/E081657)
A 27-day-old child was placed in protective custody July 22, 2022, after he stopped breathing and was brought to the hospital by his mother. The father had been rough with the child, and was arrested soon after. Lough terminated parental rights and put the child through the adoption process June 27, 2023. The mother appealed, arguing that the county had not properly investigated her child’s possible Native American ancestry as required by federal law. The Court of Appeal agreed, and ordered a new investigation during which the county would ask the child’s uncles, aunt and grandparents if they had any Native American ancestry.
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