Fernandez v. California

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Fernandez v. California

Opinion analysis: Justices allow "peace cross" to stand – Amy Howe

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-7822	Cal. Ct. App.	Nov 13, 2013 Tr.Aud.	Feb 25, 2014	6-3	Alito	OT 2013

Disclosure: Kevin Russell, of Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among counsel to the petitioner in this case.

Holding: The Court’s decision in Georgia v. Randolph, holding that the consent of one occupant is insufficient to authorize police to search a premises if another occupant is present and objects to the search, does not apply when an occupant provides consent well after the objecting occupant has been removed from the premises.

Judgment: Affirmed, 6-3, in an opinion by Justice Alito on February 25, 2014. Justice Scalia and Justice Thomas filed concurring opinions. Justice Ginsburg filed a dissenting opinion in which Justice Sotomayor and Justice Kagan joined.

Five thoughts on Fernandez v. California (Orin Kerr)
Opinion analysis: The Court narrowly limits a precedent allowing co-occupant objections to warrantless consent searches (Rory Little)
Argument recap: Court seems poised to limit Georgia v. Randolph to “physically present” co-tenants (Rory Little)
Fernandez v. California and the problem of third-party consent (Orin Kerr)
Court to rule on government prayer (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Dec 17 2012	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2013)
Jan 2 2013	Waiver of right of respondent California to respond filed.
Jan 17 2013	DISTRIBUTED for Conference of February 15, 2013.
Feb 4 2013	Response Requested . (Due March 6, 2013)
Feb 28 2013	Order extending time to file response to petition to and including April 5, 2013.
Apr 3 2013	Brief of respondent California in opposition filed.
Apr 17 2013	DISTRIBUTED for Conference of May 9, 2013.
May 13 2013	DISTRIBUTED for Conference of May 16, 2013.
May 20 2013	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jun 7 2013	Motion to appoint counsel filed by petitioner Walter Fernandez.
Jun 12 2013	The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 31, 2013.
Jun 12 2013	The time to file respondent's brief on the merits is extended to and including September 25, 2013.
Jun 25 2013	Motion DISTRIBUTED for Conference of June 26, 2013.
Jun 27 2013	Motion to appoint counsel filed by petitioner GRANTED. Gerald P. Peters, Esquire, of Thousand Oaks, California, is appointed to serve as counsel for the petitioner in this case.
Jul 31 2013	Joint appendix filed. (Statement of costs filed.)
Jul 31 2013	Brief of petitioner Walter Fernandez filed.
Aug 7 2013	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Aug 19 2013	CIRCULATED.
Aug 20 2013	SET FOR ARGUMENT on Wednesday, November 13, 2013
Sep 19 2013	Record received from Court of Appeal of California, 2nd Appellate District.(1 box)
Sep 25 2013	Brief of respondent California filed. (Distributed)
Oct 2 2013	Brief amicus curiae of United States filed. (Distributed)
Oct 2 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 21 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 25 2013	Reply of petitioner Walter Fernandez filed. (Distributed)
Nov 13 2013	Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Louis W. Karlin, Deputy Attorney General, Los Angeles, Cal.; and Joseph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Feb 25 2014	Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, and Breyer, JJ., joined. Scalia, J., and Thomas, J., filed concurring opinions. Ginsburg, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
Mar 31 2014	MANDATE ISSUED.
Mar 31 2014	Record received from Court of Appeal of California, 2nd Appellate District has been returned.

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Opinion analysis: Justices allow "peace cross" to stand – Amy Howe

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The Supreme Court released orders from the June 13 conference on Monday; the justices granted, vacated and remanded Klein v. Oregon Bureau of Labor and Industries.
Also on Monday, the justices released their opinions in four argued cases: Manhattan Community Access Corp. v. Halleck, Virginia Uranium Inc. v. Warren, Gamble v. United States and Virginia House of Delegates v. Bethune-Hill.
On Thursday, the justices released their opinions in four argued cases: Gundy v. United States, McDonough v. Smith, The American Legion v. American Humanist Association and PDR Network, LLC v. Carlton & Harris Chiropractic Inc.
Also on Thursday, the justices met for their June 20 conference; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
On Friday, the Supreme Court will release opinions in one or more argued cases at 10 a.m.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Gundy v. United States TThe judgment of the U.S. Court of Appeals for the 2nd Circuit that 34 U. S. C. §20913(d) – which requires the U.S. attorney general to apply the Sex Offender Registration and Notification Act’s registration requirements as soon as feasible to offenders convicted before the statute’s enactment – is not an unconstitutional delegation of legislative authority is affirmed.
- McDonough v. Smith The statute of limitations for Edward McDonough’s 42 U. S. C. §1983 fabricated-evidence claim against his prosecutor began to run when the criminal proceedings against him terminated in his favor – that is, when he was acquitted at the end of his second trial.
- PDR Network, LLC v. Carlton & Harris Chiropractic Inc. The extent to which a 2006 Federal Communications Commission order interpreting the term “unsolicited advertisement” binds lower courts may depend on the resolution of two preliminary questions that the U.S. Court of Appeals for the 4th Circuit should address in the first instance: (1) whether the order is the equivalent of a legislative rule, which has the force and effect of law, or an interpretative rule, which does not; and (2) whether PDR Network, LLC had a “prior” and “adequate” opportunity to seek judicial review of the order.
- The American Legion v. American Humanist Association The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
- Manhattan Community Access Corp. v. Halleck Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.
- Virginia House of Delegates v. Bethune-Hill The House of Delegates lacks standing to appeal the invalidation of Virginia’s redistricting plan.
- Virginia Uranium, Inc. v. Warren The U.S. Court of Appeals for the 4th Circuit’s judgment that the Atomic Energy Act does not preempt Virginia’s prohibition on uranium mining in the commonwealth is affirmed.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Banister v. Davis (1) Whether Gonzalez v. Crosby extends to post-judgment motions filed under Federal Rule of Civil Procedure 59(e); (2) whether, if Gonzalez does apply, a timely filed Rule 59(e) motion should toll the time to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(4)(A)(iv); and (3) whether a pro se petitioner must be warned and given an opportunity to withdraw a post-judgment motion which has be recharacterized as a successive habeas petition if that recharacterization will effect his ability to file a timely notice of appeal.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
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Cases argued 69

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Summary reversals 5

Merits cases granted to date 74

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Cases argued	69
Cases decided	53
Summary reversals	5
Merits cases granted to date	74

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6
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10
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