Decided
McCarthy v. Hernandez
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
Oct 8, 2025Application (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, 2025Application (25A432) granted by Justice Sotomayor extending the time to file until December 18, 2025.
Dec 18, 2025Petition for a writ of certiorari filed. (Response due January 22, 2026)Jan 12, 2026Motion to extend the time to file a response from January 22, 2026 to February 23, 2026, submitted to The Clerk.Jan 14, 2026Motion to extend the time to file a response is granted and the time is extended to and including February 23, 2026.
Feb 17, 2026Motion to extend the time to file a response from February 23, 2026 to March 9, 2026, submitted to The Clerk.Feb 20, 2026Motion to extend the time to file a response is granted and the time is further extended to and including March 9, 2026.
Mar 9, 2026Brief of respondent Pedro Hernandez in opposition filed.Mar 19, 2026Reply of petitioner Kevin McCarthy filed.Mar 19, 2026Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.Mar 25, 2026DISTRIBUTED for Conference of 4/17/2026.
Apr 16, 2026Rescheduled.
Apr 20, 2026DISTRIBUTED for Conference of 4/24/2026.
Apr 27, 2026DISTRIBUTED for Conference of 5/1/2026.
May 11, 2026DISTRIBUTED for Conference of 5/14/2026.
May 18, 2026DISTRIBUTED for Conference of 5/21/2026.
May 26, 2026DISTRIBUTED for Conference of 5/28/2026.
Jun 1, 2026DISTRIBUTED for Conference of 6/4/2026.
Jun 8, 2026DISTRIBUTED for Conference of 6/11/2026.
Jun 15, 2026DISTRIBUTED for Conference of 6/18/2026.
Jun 22, 2026Petition 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, 2026Judgment Issued.Recommended Citation: McCarthy v. Hernandez, SCOTUSblog, https://www.scotusblog.com/cases/mccarthy-v-hernandez/