Whitton v. Dixon · ¶9

A Florida jury convicted Gary Whitton of stabbing his friend to death. The Supreme Court of Florida rejected his motion for a new trial because of the “overwhelming evidence against” him. Whitton v. State, 161 So. 3d 314, 334 (2014) (per curiam). When Whitton challenged his conviction in federal court, the District Court denied his habeas petition, and the Eleventh Circuit affirmed in a 64-page opinion. This Court now vacates the Eleventh Circuit's judgment because of one-and-a-half sentences in its opinion. In rejecting one of Whitton's claims—which would fail on other grounds anyway—the Eleventh Circuit mentioned a fact that was notable but certainly not dispositive to its analysis: DNA testing had since further confirmed that Whitton is guilty. Because the Eleventh Circuit mentioned that fact, this Court summarily vacates. I respectfully dissent.

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