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Decided

McCarthy v. Hernandez

Docket No.25-748
Op. Below2nd Cir.
Vote6-3
AuthorPer Curiam

Holding

The U.S. Court of Appeals for the 2nd Circuit exceeded its authority in holding that Pedro Hernandez is entitled to habeas relief under 28 U.S.C. § 2254(d)(1); no clearly established federal law required the trial court to instruct the jury about the rule that Justice Kennedy adopted in Missouri v. Seibert, and the 2nd Circuit erred in holding otherwise.

Judgment

Reversed and remanded, 6-3, in a per curiam opinion on Jun 22, 2026. Justices Sotomayor, Kagan, and Jackson would deny the petition for a writ of certiorari.

Vote

6
3
RobertsThomasAlitoGorsuchKavanaughBarrett
SotomayorKaganJackson

Proceedings & orders timeline

Oct 8, 2025
Application (25A432) to extend the time to file a petition for a writ of certiorari from October 19, 2025 to December 18, 2025, submitted to Justice Sotomayor.
Oct 15, 2025
Application (25A432) granted by Justice Sotomayor extending the time to file until December 18, 2025.
Dec 18, 2025
Petition for a writ of certiorari filed. (Response due January 22, 2026)
Jan 12, 2026
Motion to extend the time to file a response from January 22, 2026 to February 23, 2026, submitted to The Clerk.
Jan 14, 2026
Motion to extend the time to file a response is granted and the time is extended to and including February 23, 2026.
Feb 17, 2026
Motion to extend the time to file a response from February 23, 2026 to March 9, 2026, submitted to The Clerk.
Feb 20, 2026
Motion to extend the time to file a response is granted and the time is further extended to and including March 9, 2026.
Mar 9, 2026
Brief of respondent Pedro Hernandez in opposition filed.
Mar 19, 2026
Reply of petitioner Kevin McCarthy filed.
Mar 19, 2026
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Mar 25, 2026
DISTRIBUTED for Conference of 4/17/2026.
Apr 16, 2026
Rescheduled.
Apr 20, 2026
DISTRIBUTED for Conference of 4/24/2026.
Apr 27, 2026
DISTRIBUTED for Conference of 5/1/2026.
May 11, 2026
DISTRIBUTED for Conference of 5/14/2026.
May 18, 2026
DISTRIBUTED for Conference of 5/21/2026.
May 26, 2026
DISTRIBUTED for Conference of 5/28/2026.
Jun 1, 2026
DISTRIBUTED for Conference of 6/4/2026.
Jun 8, 2026
DISTRIBUTED for Conference of 6/11/2026.
Jun 15, 2026
DISTRIBUTED for Conference of 6/18/2026.
Jun 22, 2026
Petition GRANTED. Judgment REVERSED and case REMANDED for further proceedings consistent with the opinion of the Court. Opinion per curiam. (Detached Opinion ) Justice Sotomayor, Justice Kagan, and Justice Jackson would deny the petition for a writ of certiorari.
Jul 24, 2026
Judgment Issued.

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