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Fernandez v. California

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Docket No. Op. Below Argument Opinion Vote Author Term
12-7822 Cal. Ct. App. Nov 13, 2013 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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 17 2012Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2013)
Jan 2 2013Waiver of right of respondent California to respond filed.
Jan 17 2013DISTRIBUTED for Conference of February 15, 2013.
Feb 4 2013Response Requested . (Due March 6, 2013)
Feb 28 2013Order extending time to file response to petition to and including April 5, 2013.
Apr 3 2013Brief of respondent California in opposition filed.
Apr 17 2013DISTRIBUTED for Conference of May 9, 2013.
May 13 2013DISTRIBUTED for Conference of May 16, 2013.
May 20 2013Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jun 7 2013Motion to appoint counsel filed by petitioner Walter Fernandez.
Jun 12 2013The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 31, 2013.
Jun 12 2013The time to file respondent's brief on the merits is extended to and including September 25, 2013.
Jun 25 2013Motion DISTRIBUTED for Conference of June 26, 2013.
Jun 27 2013Motion 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 2013Joint appendix filed. (Statement of costs filed.)
Jul 31 2013Brief of petitioner Walter Fernandez filed.
Aug 7 2013Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Aug 19 2013CIRCULATED.
Aug 20 2013SET FOR ARGUMENT on Wednesday, November 13, 2013
Sep 19 2013Record received from Court of Appeal of California, 2nd Appellate District.(1 box)
Sep 25 2013Brief of respondent California filed. (Distributed)
Oct 2 2013Brief amicus curiae of United States filed. (Distributed)
Oct 2 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 21 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 25 2013Reply of petitioner Walter Fernandez filed. (Distributed)
Nov 13 2013Argued. 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 2014Adjudged 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 2014MANDATE ISSUED.
Mar 31 2014Record received from Court of Appeal of California, 2nd Appellate District has been returned.