DEFENDER SERVICES OFFICE
TRAINING DIVISION





The Defender Services Office Training Division furthers the right to effective assistance of counsel by providing training and other resources to attorneys appointed under the Criminal Justice Act.





Supreme Court Grants Cert on Consent to Search Issue; Also Rules on Denial of Defense Claim

Yesterday, the Supreme Court granted cert in Fernandez v. California (No. 12-7822).  The issue presented is whether, under Georgia v. Randolph, a defendant must be personally present and objecting when police officers ask a co-tenant for consent to conduct a warrantless search or whether a defendant’s previously stated objection, while physically present, to a warrantless search is a continuing assertion of 4th Amendment rights which cannot be overridden by a co-tenant.

The Court also issued an opinion in Metrish v. Lancaster (No. 12-547), holding that because the Michigan Court of Appeals did not unreasonably apply clearly established federal law when it retroactively applied a decision of the Michigan Supreme Court rejecting the diminished-capacity defense to petitioner, he was not entitled to habeas relief.  For more on the opinion, see this SCOTUSblog post.

 

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