No. 25-748October Term 2025Decided Jun 22, 2026
Kevin McCarthy, Superintendent, Elmira Correctional Facility v. Pedro Hernandez
The Supreme Court said the Second Circuit overstepped when it threw out Hernandez's conviction.
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 went too far when it set aside Pedro Hernandez's New York conviction after a jury question about whether his statements were voluntary. On June 22, 2026, the Supreme Court said the federal appeals court had gone beyond the strict limits on overturning state convictions in federal court.
Vote
The Court acted in an unsigned per curiam opinion without scheduled oral argument and said the Second Circuit went too far. No vote count or separate lineup is provided here.
“AEDPA imposes strict limits on federal courts’ power to grant habeas relief to a prisoner convicted in state court.”
Impact
The decision reinforces that federal courts face tight limits when they review state convictions after trial. That affects state prisoners seeking a new trial and state officials defending convictions that federal judges are asked to undo.
What's next
The Supreme Court has finished this case. Any further action now belongs to the lower courts, which must follow the Court's decision.
What did the Supreme Court rule in McCarthy v. Hernandez?
The Court said the Second Circuit was wrong to set aside Pedro Hernandez's New York conviction. It emphasized that federal law sharply limits such relief.
Who is affected by McCarthy v. Hernandez?
State prisoners seeking federal review are affected, along with state officials defending convictions. A prisoner challenging a jury-note response, for example, now faces stricter limits.
What happens next in McCarthy v. Hernandez?
The Supreme Court has finished its work in this case. The lower courts must carry out the decision in any remaining proceedings.
Decision
What the Court decided
The Supreme Court said the Second Circuit overstepped when it threw out Hernandez's conviction.
Impact
The decision reinforces that federal courts face tight limits when they review state convictions after trial. That affects state prisoners seeking a new trial and state officials defending convictions that federal judges are asked to undo.
Not official Court text.
Opinion documents
Timing
Decided June 22, 2026
The Court released its decision on June 22, 2026 without hearing oral argument.
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
- Aug 3, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 25-748
docket | Aug 17, 2026
Primary case document
Supreme Court document | Aug 17, 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 | Aug 3, 2026
SupremeCourt.gov
official | Aug 3, 2026
SupremeCourt.gov
official | Aug 3, 2026