Whitton v. Dixon · ¶41

Fortunately, though, the Court's decision will have no real- world effect. The Eleventh Circuit can reissue a virtually identical opinion after deleting one sentence on page 42 and one part of one sentence on page 40, where the Eleventh Circuit discussed the 2002 DNA tests. See App. to Pet. for Cert. 40a, 42a. Or it can deny relief because Whitton failed to exhaust a claim based on Ozio's criminal record. Or it might consider using its “equitable discretion” to deny relief because of the conclusive evidence of Whitton's guilt, including the DNA test results. Edwards v. Vannoy, 593 U. S. 255, 289 (2021) (Gorsuch, J., concurring); see Shinn v. Mar tinez Ramirez, 596 U. S. 366, 377 (2022).

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