The U.S. Supreme Court case Gardner v. Florida in 1976 dealt with the issue of whether a death sentence could be imposed based on confidential information not disclosed to the defense or jury during trial. The defendant, Johnny Frederick Gardner, was convicted for murder and sentenced to death by a judge who partially relied on a presentence investigation report that contained undisclosed information about him. The Supreme Court ruled in favor of Gardner, holding that it was unconstitutional for his death sentence to be based partly on secret evidence which he had no opportunity to deny or explain. This ruling emphasized the importance of due process rights under the Fourteenth Amendment and ensured transparency in sentencing procedures.

In the dissenting opinion for Gardner v. Florida, Justice White disagreed with the majority's decision to overturn the death sentence due to a confidential portion of a presentence investigation report not disclosed to defense counsel. He argued that there was no constitutional requirement mandating full disclosure of such reports before sentencing in noncapital cases and saw no reason why this should be different in capital cases. Furthermore, he contended that it is common practice for judges to have information about defendants which are not shared with either party involved in order to make an informed decision on sentencing. Lastly, he pointed out that even if there were errors made during trial proceedings, they did not necessarily warrant reversal unless proven harmful or prejudicial against the defendant - something which had not been established by Gardner’s defense team.