gloss · the reading room

McCarthy v. Hernandez · ¶2

Hernandez next fled an application for a writ of habeas corpus in Federal District Court. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) imposes strict limits on federal courts' power to grant habeas relief to a prisoner convicted in state court. As relevant here, a federal court may grant habeas relief on a claim that a state court has resolved on the merits only if that decision was “contrary to, or involved an unreasonable application of, clearly established Federal law.” 28 U. S. C. § 2254(d)(1). Hernandez argued that the Appellate Division had violated clearly established federal law in rejecting his Miranda arguments and in its ruling on the trial court's response to the jury note. That response, Hernandez maintained, itself violated clearly established federal law by failing to explain to the jury the rule that Justice Kennedy adopted in his opinion concurring…
Read in context ›

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.