Decided
Whitton v. Dixon
Holding
The U.S. Court of Appeals for the 11th Circuit erred in considering post-trial DNA evidence when assessing whether the Florida Supreme Court reasonably determined that jailhouse informant Jake Ozio’s testimony was immaterial to the jury’s verdict, because evidence not presented to the jury could not have influenced the jury’s verdict and therefore sheds no light on whether Ozio’s testimony influenced that verdict.
Judgment
Vacated and remanded, 7-2, in a per curiam opinion on Jun 1, 2026. Justice Thomas wrote a dissenting opinion, joined by Justice Alito except as to Part III-B.
Vote
7
2
RobertsSotomayorKaganGorsuchKavanaughBarrettJackson
ThomasAlito
Related Coverage
Oct 2, 2025Application (25A394) to extend the time to file a petition for a writ of certiorari from October 13, 2025 to December 12, 2025, submitted to Justice Thomas.
Oct 6, 2025Application (25A394) granted by Justice Thomas extending the time to file until November 12, 2025.
Nov 12, 2025Petition for a writ of certiorari filed. (Response due December 17, 2025)Nov 24, 2025Motion to extend the time to file a response from December 17, 2025 to January 31, 2026, submitted to The Clerk.Nov 25, 2025Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2026.
Dec 17, 2025Brief amici curiae of Professors Of Constitutional And Criminal Law filed.Dec 17, 2025Brief amici curiae of Retired Judges filed.Feb 2, 2026Brief of respondent Ricky D. Dixon, Secretary, Florida Department of Corrections in opposition filed.Feb 18, 2026DISTRIBUTED for Conference of 3/6/2026.
Feb 20, 2026Reply of petitioner Gary Whitton filed. (Distributed)Mar 16, 2026DISTRIBUTED for Conference of 3/20/2026.
Mar 23, 2026DISTRIBUTED for Conference of 3/27/2026.
Mar 30, 2026DISTRIBUTED for Conference of 4/2/2026.
Apr 13, 2026DISTRIBUTED for Conference of 4/17/2026.
Apr 20, 2026DISTRIBUTED for Conference of 4/24/2026.
Apr 27, 2026DISTRIBUTED for Conference of 5/1/2026.
May 11, 2026DISTRIBUTED for Conference of 5/14/2026.
May 18, 2026DISTRIBUTED for Conference of 5/21/2026.
May 26, 2026DISTRIBUTED for Conference of 5/28/2026.
Jun 1, 2026Petition GRANTED. Judgment VACATED and case REMANDED for further proceedings consistent with the Opinion of the Court. Opinion per curiam. (Detached Opinion ) Justice Thomas, with whom Justice Alito joins except as to Part III-B, dissenting. (Detached Opinion )
Jul 6, 2026Judgment Issued.Recommended Citation: Whitton v. Dixon, SCOTUSblog, https://www.scotusblog.com/cases/whitton-v-dixon/