Mar. 17, 2022 – In re Harper (4th Dist., Div. 2, E076045)

The Court of Appeal rejects habeas petitioner’s claim that the jury’s felony-murder special-circumstance finding made prior to Banks and Clark was not supported by substantial evidence in light of those decisions. The court finds substantial evidence that petitioner, although only 16 years old at the time of the offense, was a major participant who acted with reckless indifference to human life.