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.
Vote & lineupPer Curiam
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*.