McCarthy v. Hernandez · ¶36

First, Hernandez had no federal right to have the jury evaluate the lawfulness of his confessions after the trial court admitted them. Unlike New York law, the Federal Constitution does not “require that both judge and jury pass upon the admissibility” or voluntariness “of evidence when constitutional grounds are asserted for excluding it.” Lego v. Twomey, 404 U. S. 477, 490 (1972). So no federal law, much less any clearly established federal law, required the trial court to instruct the jury on the grounds for suppression set out in Miranda or Seibert.

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