No. 25-580

Gary Richard Whitton v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2025-11-17
Status: Pending
Type: Paid
Amici (2)Relisted (5) Experienced Counsel
Tags: appellate-review constitutional-error giglio-violation habeas-corpus prejudice-standard trial-evidence
Latest Conference: 2026-04-17 (distributed 5 times)
Question Presented (from Petition)

1. Whether in determining whether a constitutional error had a prejudicial effect on the outcome of a trial a court must consider only that evidence that was presented to the jury at the trial.

2. Whether the prejudice from the Giglio violation in this case met the standards for relief under Giglio and Brecht.

Question Presented (AI Summary)

Whether a court must consider only trial evidence when determining the prejudicial effect of a constitutional error or if post-verdict evidence can be used in assessing prejudice

Docket Entries

2026-04-13
DISTRIBUTED for Conference of 4/17/2026.
2026-03-30
DISTRIBUTED for Conference of 4/2/2026.
2026-03-23
DISTRIBUTED for Conference of 3/27/2026.
2026-03-16
DISTRIBUTED for Conference of 3/20/2026.
2026-02-20
Reply of petitioner Gary Whitton filed. (Distributed)
2026-02-20
2026-02-18
DISTRIBUTED for Conference of 3/6/2026.
2026-02-02
Brief of respondent Ricky D. Dixon, Secretary, Florida Department of Corrections in opposition filed.
2026-02-02
Brief of Secretary Florida Department of Corrections in opposition submitted.
2025-12-17
Brief amici curiae of Retired Judges filed.
2025-12-17
Brief amici curiae of Professors Of Constitutional And Criminal Law filed.
2025-11-25
Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2026.
2025-11-24
Motion to extend the time to file a response from December 17, 2025 to January 31, 2026, submitted to The Clerk.
2025-11-24
Motion of Secretary Florida Department of Corrections for an extension of time submitted.
2025-11-12
Petition for a writ of certiorari filed. (Response due December 17, 2025)
2025-10-06
Application (25A394) granted by Justice Thomas extending the time to file until November 12, 2025.
2025-10-02
Application (25A394) to extend the time to file a petition for a writ of certiorari from October 13, 2025 to December 12, 2025, submitted to Justice Thomas.

Attorneys

Gary Whitton
Andrew Timothy TuttArnold & Porter Kaye Scholer, Petitioner
Professors Of Constitutional And Criminal Law
Samantha Lee ChaifetzDLA Piper LLC, Amicus
Retired Judges
Charles Luther McCloudWilliams & Connolly LLP, Amicus
Secretary Florida Department of Corrections
Jeffrey Paul DeSousaFlorida Office of the Attorney General, Respondent
Scott Andrew BrowneOffice of the Attorney General, Respondent