Alvin L. Bragg, the Manhattan district attorney, is asking for more time to decide whether to seek a review of the overturned murder conviction of Pedro Hernandez in the Etan Patz case.
www.nytimes.com
August 8, 2025
Manhattan prosecutors on Friday asked a federal court to delay proceedings in the Etan Patz case, saying they may ask the U.S. Supreme Court to review an order overturning a conviction in his killing.
A panel of three federal judges who serve on the U.S. Court of Appeals for the Second Circuit
ruled last month that the man convicted of murder and kidnapping in the boy’s 1979 killing, Pedro Hernandez, must get a new trial within a “reasonable period” or be released from his 25-year-to-life prison sentence.
In response, prosecutors wrote that they “should not be required to proceed to a retrial or accommodate petitioner’s release without first being provided the opportunity to consider whether to seek Supreme Court review to restore a conviction.”
They called the ruling “unprecedented.”
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At the core of the issues for the Supreme Court to consider, prosecutors said, is whether a federal court can compel a state judge to give legal instructions to a jury “when neither federal nor state law clearly requires the jury to decide the applicable issue.”
More in linked article.