No. 25-748October Term 2025Decided Jun 22, 2026
Kevin McCarthy, Superintendent, Elmira Correctional Facility v. Pedro Hernandez
The Supreme Court said the Second Circuit went too far in undoing Hernandez's state conviction under the strict federal rules for reviewing state cases.
Case status
- Current stage
- Decided
- Latest event
- Decision released Jun 22, 2026
- What it's about
from the United States Court of Appeals for the Second Circuit.
Question presented
1. Whether the Second Circuit correctly held that the state trial court’s response to the jury’s note about the voluntariness of respondent’s asserted confessions—an issue respondent was entitled to put before the jury under New York law—was contrary to this Court’s decision in Missouri v. Seibert, 542 U.S. 600 (2004). 2. Whether the Second Circuit correctly determined that the error was not harmless under the two-step inquiry articulated in Brown v. Davenport, 596 U.S. 118 (2022).
- Case path
United States Court of Appeals for the Second Circuit / Decision released Jun 22, 2026
- Area
Decided Supreme Court case
Briefing
What it's about
The case asked whether the Second Circuit was wrong to set aside Pedro Hernandez's New York conviction based on the trial judge's response to a jury note about whether his statements were voluntary. In an unsigned opinion, the Supreme Court said a federal law that tightly limits federal court review of state convictions barred the Second Circuit from going that far.
Vote
The Court issued an unsigned per curiam opinion on June 22, 2026. The prompt does not provide a vote count or any separate opinions, and no argument was scheduled.
“AEDPA imposes strict limits on federal courts’ power to grant habeas relief to a prisoner convicted in state court.”
Impact
The decision makes it harder for state prisoners to win federal habeas relief (a federal court order undoing a state conviction). For example, a prisoner challenging how a state judge answered a jury question will face strict limits in federal court.
What's next
The Supreme Court has finished with this case. The lower courts must now carry out the Court's per curiam decision.
What was the main dispute in McCarthy v. Hernandez?
The justices reviewed whether the Second Circuit wrongly overturned Hernandez's conviction over the trial judge's response to a jury note about confession voluntariness.
Who is most affected by this decision?
State prisoners seeking federal habeas relief are most affected. The decision stresses that federal judges must respect AEDPA's tight limits.
What happens next after the Supreme Court's June 22 decision?
The Supreme Court's work is done. The lower courts must carry out the per curiam opinion in Hernandez's case.
Decision
What the Court decided
The Supreme Court said the Second Circuit went too far in undoing Hernandez's state conviction under the strict federal rules for reviewing state cases.
Impact
The decision makes it harder for state prisoners to win federal habeas relief (a federal court order undoing a state conviction). For example, a prisoner challenging how a state judge answered a jury question will face strict limits in federal court.
Not official Court text.
Opinion documents
Documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 25-748
docket | Jul 3, 2026
Primary case document
Supreme Court document | Jul 3, 2026
Opinion of the Court - Per Curiam
opinion | Jun 22, 2026
Petition
brief | Dec 18, 2025
Lower Court Orders/Opinions
order | Oct 8, 2025
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026