Jesse Guardado v. Florida

Petitioner Jesse Guardado is scheduled to be executed by the State of Florida on November 5, 2026. In denying Guardado’s claim that Florida’s clemency process violated his due process as promised by the Fourteenth Amendment, the Florida Supreme Court held that no Due Process violation has occurred because the governor has unfettered power to deny clemency to death-sentenced prisoners. Guardado raises the following issues in this petition:

1. Whether the Fourteenth Amendment is violated when the State of Florida has a clemency process yet fails to ensure that it comports with due process requirements when it comes to death-sentenced individuals.

2. Whether the Fourteenth Amendment is violated when the State of Florida has a clemency procedure yet fails to ensure that the executive complies with those procedures when it comes to death-sentenced individuals.