Whitton v. Dixon · ¶35

I would not grant Whitton such relief. If the Eleventh Circuit erred at all in mentioning the DNA test results, it was harmless for at least two reasons. First, the court thoroughly examined the overwhelming evidence against Whit- ton, which was more than sufficient to justify its decision. Second, Whitton had not even exhausted his claim in state court, so the Eleventh Circuit could not have ruled for him anyway. Because we do not “tower above” lower courts as an “impregnable citade[l] of technicality,” we should not have exercised our summary powers to vacate here. Kot teakos v. United States, 328 U. S. 750, 759 (1946) (internal quotation marks omitted).

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