McCarthy v. Hernandez · ¶3

Held: 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. The Appellate Division's decision neither contravened nor unreasonably applied any holding of this Court. New York law requires a trial court to instruct a jury to disregard a pretrial statement if the jury finds it to have been “involuntarily made.” N. Y. Crim. Proc. Law Ann. § 710.70(3). But New York law does not

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