No. 25A432

Kevin McCarthy, Superintendent, Elmira Correctional Facility v. Pedro Hernandez

Lower Court: Second Circuit
Docketed: 2025-10-15
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: cold-case constitutional-rights criminal-procedure evidence-standard jurisdiction-review missing-child
Key Terms:
CriminalProcedure HabeasCorpus
Latest Conference: N/A
Question Presented (AI Summary)

Whether the constitutional rights of a criminal defendant are violated when a conviction is based on decades-old circumstantial evidence in a high-profile missing child case

Question Presented (OCR Extract)

No question identified. : TO THE HONORABLE SONIA SOTOMAYOR, ASSOCIATE JUSTICE AND CIRCUIT JUSTICE FOR THE SECOND CIRCUIT: Pursuant to Rule 13.5 of the Rules of the Supreme Court, the New York County District Attorney’s Office, on behalf of Kevin McCarthy, Superintendent of Elmira Correctional Facility, respectfully requests a 60-day extension of time, to and including December 19, 2025, to file a petition for a writ of certiorari to review the judgment of the United States Court of Appeals for the Second Circuit in this case. The judgment was entered on July 21, 2025. Unless extended, the time to file a petition for a writ of certiorari will expire on October 20, 2025. The jurisdiction of this Court will be invoked under 28 U.S.C. § 1254(1). A copy of the Second Circuit’s opinion (“Op.”) is attached. 1. This case arises out of one of the most infamous crimes in recent American history. At about 7:50 a.m. on May 25, 1979, six-year-old Etan Patz left his family’s apartment on Prince Street in Manhattan to walk by himself to his school bus stop just two-and-a-half blocks away. Etan never made it to the bus. Despite a nationwide search and countless hours of investigation, Etan was never seen again (A1841-A1846).' His disappearance transformed the way missing-children cases are investigated and sparked a nation-wide movement to better protect children. Etan’s case remained unsolved for 33 years. In 2012, a breakthrough came when aman called the police to report that, years earlier, his Pedro ' Citations to “A__” and “SA__” are respectively to the

Docket Entries

2025-10-15
Application (25A432) granted by Justice Sotomayor extending the time to file until December 18, 2025.
2025-10-08
Application (25A432) to extend the time to file a petition for a writ of certiorari from October 19, 2025 to December 18, 2025, submitted to Justice Sotomayor.

Attorneys

Kevin McCarthy
Steven Chiajon WuNew York County District Attorney's Office, Petitioner
Steven Chiajon WuNew York County District Attorney's Office, Petitioner