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McCarthy v. Hernandez

Pending petition

Docket No. Op. BelowArgument Opinion Vote Author Term
25-748 2d Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether the Second Circuit violated the Antiterrorism and Effective Death Penalty Act by finding a state jury instruction invalid under Missouri v. Seibert; and (2) whether the Second Circuit violated AEDPA by finding that a single response by a state trial judge to a jury note necessarily infected the jury verdict, when the state courts found that there was more than sufficient evidence of the defendant’s guilt that was unaffected by the response.

DateProceedings and Orders (key to color coding)
10/08/2025Application (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.
10/15/2025Application (25A432) granted by Justice Sotomayor extending the time to file until December 18, 2025.
12/18/2025Petition for a writ of certiorari filed. (Response due January 22, 2026)
01/12/2026Motion to extend the time to file a response from January 22, 2026 to February 23, 2026, submitted to The Clerk.
01/14/2026Motion to extend the time to file a response is granted and the time is extended to and including February 23, 2026.
02/17/2026Motion to extend the time to file a response from February 23, 2026 to March 9, 2026, submitted to The Clerk.
02/20/2026Motion to extend the time to file a response is granted and the time is further extended to and including March 9, 2026.
03/09/2026Brief of respondent Pedro Hernandez in opposition filed.
03/19/2026Reply of petitioner Kevin McCarthy filed.
03/19/2026Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
03/25/2026DISTRIBUTED for Conference of 4/17/2026.