- Family law: writ review denied San Bernardino Superior Judge Steven Mapes’s courtroom. C.S. v. Superior Court (J290945, J090946,/E080818)
- A mother petitioned for extraordinary writ review after her children were removed from her. She was brought to the county’s attention after her 3-week-old daughter had been admitted to the hospital with bone fractures on her skull and leg, and hemorrhaging in the eye. The Court of Appeal found she failed to establish error in her petition.
- Medical malpractice: San Bernardino Superior Judge Bryan Foster’s case dismissal affirmed in Hudson v. Debow (CIVDS1714152/E078375)
- Archer Hudson had filed suit against Loma Linda University Health and its employees, alleging medical negligence during a blockage removal surgery. He claimed he suffered kidney damage, incontinence and erectile dysfunction as a result of the malpractice. Foster dismissed the complaint after finding Hudson failed to properly serve the defendants.
- Criminal: San Bernardino Superior Judge Joseph Widman’s denial of withdrawal of plea affirmed in People v. Brown (FVI19001977/E079165)
- Anthony Brown pled no contest to making criminal threats and being under the influence of a controlled substance while possessing a firearm in May 2021. The next month, he moved to withdraw his plea, claiming he was under the influence of Percocet, sertraline, gabapentin, enalapril and amlodipine at the time. He provided medical records showing he had been prescribed the drugs. His attorney said Brown was not impaired at the time of the plea. Widman denied his motion, and Brown appealed. The Court of Appeal said Widman’s decision to deny Brown’s motion was within his discretion.
- Criminal: San Bernardino Superior Judge Michael Libutti’s denial of resentencing affirmed in People v. Waller (FVA017512/E079756)
- Gregory Waller was convicted of two counts of attempted murder, two counts of assault with a firearm, first degree burglary and carjacking in 2005. He moved to be resentenced under Penal Code Section 1172.6, which reduces sentences for people convicted under a now-outdated legal theory of murder. The Libutti and the Court of Appeal both found that Waller was not entitled to relief, because he was not convicted on that now-outdated legal theory.
- Family law: San Bernardino Superior Judge Steven Mapes’s finding that the Indian Child Welfare Act did not apply affirmed in part and reversed in part in In re A.F. (J293001 & J293002/E080074)
- Two children were separated from their father under charges of serious physical harm and failure to protect. The father argued that San Bernardino County failed to investigate the children’s ancestry as required by the federal Indian Child Welfare Act. The Court of Appeal agreed, since the county did not reach out to certain family members.
- Family law: Riverside Superior Judge Michael Rushton’s denied the petitions in M.C. v. Superior Court (SWJ2100367/E081036)
- A mother filed a petition for extraordinary writ that challenged the juvenile court’s order terminating reunification services with her five children. The children had been removed from her care after the county found her and her children in a drainage ditch sleeping in the dirt, and found her home filled with maggot-ridden food. She argued that Riverside County did not provide her with reasonable services since it left the decision to attend visits up to her children, and because therapy between the children and her never happened. The Court of Appeal found that Mapes did not abuse his discretion to deny reunification services.
- Criminal: San Bernardino Superior Judge Ronald Christianson’s denial of resentencing dismissed in People v. Brass (FSB1302919/E080675)
- Isaac Brass Jr., was convicted of attempted murder in 2013. He filed a petition to be resentenced under Penal Code Section 1172.6 in March 2022. The Court of Appeal found no arguable issues and directed Brass’ counsel to file a supplemental brief. After he failed to do so, the court dismissed the appeal as abandoned.
- Criminal: San Bernardino Superior Judge Affirmed. Aurora Elizabeth Bewicke’s conviction affirmed in People v. Scott (FSB21001854/E079172)
- Edward Scott was charged with two counts of human trafficking a minor for a sex act, two counts of pimping a minor and two counts of pandering a minor. He appealed, arguing that changes in law require resentencing and that he had ineffective counsel. The Court of Appeal found his arguments unpersuasive.
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