Whitton v. Dixon · ¶29

The Eleventh Circuit affirmed. In federal habeas proceedings, when a prisoner raises an unexhausted claim, the court cannot enter relief for the prisoner, but it can rule on the merits against the prisoner without addressing exhaustion. See § 2254(b)(2). The Eleventh Circuit exercised that discretion and rejected Whitton's new Giglio claim on the merits. See App. to Pet. for Cert. 35a, n. 10. That claim failed, the Eleventh Circuit held, because the Supreme Court of Florida had reasonably concluded that the State had marshaled “overwhelming evidence” of Whitton's guilt apart from Ozio's testimony. Id., at 36a–37a. That conclusion was reasonable, the Eleventh Circuit continued, for several reasons:

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