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        No. 25-748 · October Term 2026

        McCarthy v. Hernandez

        Decided June 22, 2026 · From the United States Court of Appeals for the Second Circuit

        Holding

        The Second Circuit exceeded its authority in holding that 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, 542 U. S. 600, and the Second Circuit erred in holding otherwise.