Whitton v. Dixon, Secretary, Florida Department of Corrections
No. 25-580 · Decided June 1, 2026 · vacated and remanded
Did the Court of Appeals err in considering post-trial DNA evidence when assessing whether the Florida Supreme Court reasonably determined that a witness's testimony was immaterial to the jury's verdict? The Court of Appeals erred in considering post-trial DNA evidence when assessing whether a state court reasonably determined that a witness's testimony was immaterial to the jury's verdict, because evidence not presented to the jury cannot influence the jury's verdict.
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
Parties — Petitioner: WHITTON · Respondent: DIXON, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS
Vote & lineupPer Curiam
Who prevailed — The petitioner prevailed in that the judgment of the Court of Appeals was vacated and the case was remanded for further proceedings.
The question

Did the Court of Appeals err in considering post-trial DNA evidence when assessing whether the Florida Supreme Court reasonably determined that a witness's testimony was immaterial to the jury's verdict? Specifically, can evidence not presented to the jury be used to determine if a constitutional error influenced the jury's verdict? This inquiry involves the application of the Antiterrorism and Effective Death Penalty Act of 1996 and the standard for federal habeas relief.

Petitioner's argument
  • A jailhouse informant's testimony regarding his lack of criminal history was false, and the prosecution knew it was false because it possessed his juvenile records.
  • This false testimony violated his due process rights under *Giglio v. United States*.
  • The *Giglio* error had a "substantial and injurious effect or influence in determining the jury's verdict" as required for relief under *Brecht v. Abrahamson*.
  • The Court of Appeals improperly relied on post-trial DNA evidence to conclude that the error was harmless.
Respondent's argument
  • The Florida Supreme Court reasonably determined that the evidence against the petitioner was "overwhelming" even without the informant's testimony.
  • Under 28 U. S. C. § 2254(d)(2), the federal court must defer to the state court's determination unless it was "based on an unreasonable determination of the facts in light of the evidence presented."
  • The petitioner failed to exhaust his *Giglio* claim in the state courts.
The decision
  • The Court vacated the judgment of the Court of Appeals.
  • The Court held that the Court of Appeals erred by considering post-trial DNA evidence to assess whether the Florida Supreme Court's determination was reasonable.
  • The Court applied the standard from *Brecht v. Abrahamson*, which asks whether a constitutional error had a "substantial and injurious effect or influence in determining the jury's verdict."
  • The Court reasoned that because the post-trial DNA evidence was not presented to the jury—and did not exist at the time of the trial—it could not have influenced the jury's verdict.
  • Because the evidence could not have influenced the verdict, the Court concluded it "sheds no light on whether (or to what extent)" the informant's testimony influenced that verdict.
  • The Court noted that under 28 U. S. C. § 2254(d)(2), the Court of Appeals was required to assess the reasonableness of the state court's determination "in light of the evidence presented at trial."
  • The Court expressed no view on whether the Florida Supreme Court's determination was reasonable based solely on trial evidence, leaving that for the Court of Appeals to assess.
  • The Court declined to rule on the State's argument regarding the failure to exhaust claims, citing *Cutter v. Wilkinson* to state that the Supreme Court is a "court of review, not of first view."
Separate opinions
THOMAS, dissenting, joined by ALITO (except as to Part III-B)
  • Argues that the vacatur is based on an "inconsequential foot fault" because the trial evidence was already overwhelming and the mention of DNA evidence was not dispositive.
  • Contends that the petitioner is barred from federal habeas relief because he failed to "exhaust the remedies available" in state court pursuant to 28 U. S. C. § 2254(b)(1)(A).
  • Critiques the Court for granting summary relief to a "convicted murderer" while refusing to correct "glaring constitutional error" for "law-abiding Americans" in cases such as *Boston Parent Coalition for Academic Excellence Corp. v. The School Committee*, *Beck v. United States*, and *Speech First, Inc. v. Whitten*.