Whitton v. Dixon · ¶23

Whitton fled a motion for postconviction relief in state court in 1997. As relevant here, Whitton brought a claim under Giglio v. United States, 405 U. S. 150 (1972). To succeed on a Giglio claim, a defendant must prove that the prosecutor presented false testimony against him; that the prosecutor knew that the testimony was false; and that there is a “reasonable likelihood” that the false testimony affected the verdict. Id., at 154 (internal quotation marks omitted). Whitton's Giglio claim was based on testimony about his confession to Ozio. Whitton argued that Ozio had falsely testified “that Whitton confessed to him in prison”; that the State knew that the testimony was false; and that the false testimony was material. Whitton, 161 So. 3d, at 323. He did not make any claims about Ozio's description of his own criminal record.

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