Jul. 12, 2022 – People v. Harden (4th Dist., Div. 1, D078191) [opn. on rehg.]

In an opinion issued after the granting of defendant’s petition for rehearing, the Court of Appeal reaffirms the trial court’s prima facie denial of appellant’s PC 1170.95 (now PC 1172.6) petition. The court finds that the jury instructions and verdicts from appellant’s trial “conclusively establish – with no factfinding, weighing of evidence, or credibility determinations – that [appellant] was convicted as the actual killer,” making her ineligible for relief as a matter of law.