McCarthy v. Hernandez · ¶27

The District Court referred Hernandez's application to a Magistrate Judge, who issued a 130-page report recommending denial. The District Court adopted the report in full and denied Hernandez's habeas application. The District Court saw no ground under AEDPA for granting relief based on Hernandez's Miranda arguments. Yet the District Court was troubled by the trial judge's response to the jury note. The District Court acknowledged that the response was “technically correct.” App. 80a. It also acknowledged that “[n]othing in Seibert discusses how trial courts should respond to jury notes of any sort,” id., at 88a, because Seibert concerned a judge's resolution of a suppression motion, and “only a court can determine admissibility,” App. 92a. All the same, the District Court ruled that Seibert was “relevant” to juries, not only to judges, and that Seibert “required” the trial court to…

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