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Jesse Guardado Execution: What We Know

By the Undercurrent desk · Published

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Jesse Guardado, 64, is scheduled to be executed Thursday, Nov. 5, 2026, at 6 p.m. ET at Florida State Prison for the Sept. 13, 2004 killing of Jackie Malone, 75, outside DeFuniak Springs in Walton County. He confessed, waived a lawyer and pleaded guilty with no plea deal. His lawyers are not contesting his guilt: they argue his jury never heard about his time at the Dozier School for Boys, and that Florida's clemency process is meaningless. The Florida Supreme Court rejected both claims on Oct. 29. As of Wednesday night, Nov. 4, the U.S. Supreme Court had not ruled on his request for a stay.

What's confirmed

  1. After his release, Jackie Malone helped him: he rented from her, stayed as a guest in her home and received her help on multiple occasions, including finding work. (Fla. Supreme Court; 11th Circuit No. 22-10957; AP; CBS Miami)
  2. Sept. 13, 2004He went to her home to rob her for money for crack cocaine. Court records say he struck her with a metal bar and stabbed her, and took her jewelry box, her purse and about $80. (Fla. Supreme Court; 11th Circuit; AP)
  3. About a week later he asked to speak with investigators and confessed. (11th Circuit; AP; DPIC)
  4. Oct. 19, 2004He waived counsel and pleaded guilty to first-degree murder and robbery with a weapon, with no plea agreement. (Walton County Circuit Court; Fla. Supreme Court; 11th Circuit)
  5. 2005A jury recommended death 12-0. He was sentenced to death on Oct. 13, 2005. The sentence became final in 2008. (Fla. Supreme Court; 11th Circuit)
  6. Aug. 12, 2024The 11th Circuit denied federal relief, calling his penalty phase "full and fair." (11th Circuit No. 22-10957)
  7. Oct. 5, 2026Gov. Ron DeSantis signed the death warrant. It states that executive clemency "is not appropriate." (Fla. Supreme Court, quoting the warrant; CBS Miami)
  8. Oct. 29, 2026The Florida Supreme Court affirmed the denial of relief and denied a stay. On his background claims: "Guardado's claims are untimely." On clemency: Florida's process "rests in the unfettered discretion of the Governor." (SC2026-1605)
  9. Oct. 30, 2026His lawyers asked the U.S. Supreme Court for review and a stay (No. 26-6013 / 26A623). Florida opposed on Nov. 2; his reply was filed Nov. 3. (U.S. Supreme Court docket)

What his lawyers argue

  • As a teenager he was held at Florida's Dozier School for Boys, where his lawyers say he was shackled and beaten, and his jury never heard it. (Cert petition; FSC opinion; DPIC)
  • No one on Florida's death row has been granted clemency since 1983. In their words, "the executive has flipped a coin that says denied on both sides." (Cert petition No. 26-6013)
  • What the courts said: the jury did hear mitigation, including his remorse and addiction; the Florida Supreme Court found the claims untimely and barred.

What we don't know

  • Whether the U.S. Supreme Court will grant a stay. As of Nov. 4, it had not ruled.
  • Why clemency was denied beyond the warrant's wording. The record we have gives no other reason.

What happens next

Sources

  1. Florida Supreme Court, Guardado v. State, SC2026-1605 (Oct. 29, 2026), in the appendix to No. 26-6013
  2. Cert petition, Guardado v. Florida, No. 26-6013 (Oct. 30, 2026) Primary recordsupremecourt.gov/DocketPDF/26/26-6013/431395/20261030182459048_GUARDADO%20SCOTUS%20CERT%20PET%20FINAL.pdf
  3. U.S. Court of Appeals, 11th Circuit, No. 22-10957 (Aug. 12, 2024) Primary recordmedia.ca11.uscourts.gov/opinions/pub/files/202210957.pdf
  4. Florida Department of Corrections, offender record DC# 324342
  5. AP; CBS Miami; News4Jax; WMBB; Death Penalty Information Center

The record · as of Nov. 5, 2026

How we know

Primary records are court and agency documents; reporting is news coverage we checked against them. How we report.

What happens next

We check these records for changes: SCOTUS 26-6013 / stay app 26A623.

Verified timeline

  1. 2003-01-01Guardado conditionally released from Florida prison (prior robbery sentences); supervision set to expire Feb. 6, 2014. Malone later helped him: he rented from her, stayed as a guest in her home and received her help on multiple occasions, including finding work.FSC SC2026-1605 p.2 + fn.1 (release date); 11th Cir. 22-10957; NSF (NBC 6/News4Jax/WUSF): helped him find housing and employment after prison
  2. 2004-09-13Jackie Malone, 75, killed at her home outside DeFuniak Springs, Walton County, during a robbery for crack-cocaine money. Court records: struck with a metal breaker bar and stabbed; her jewelry box, purse and other items taken. Same night, earlier: a failed attempted robbery at a grocery store (court records only).FSC SC2026-1605 pp.2-3 + fn.1; 11th Cir. 22-10957 pp.2-6; FL Legislature capital case summary (offense date 09/13/2004); NSF via WUSF/NBC 6/News4Jax
  3. 2004-10-19At arraignment, Guardado waived counsel and pleaded guilty to first-degree murder and robbery with a weapon, with no plea agreement. (Also pleaded guilty to the attempted grocery-store robbery: 40 years.)11th Cir. 22-10957 p.6 + fn.1; cert petition 26-6013 pp.4-5; FSC SC2026-1605 p.3
  4. 2005-09-15Penalty phase (set to begin Sept. 13, 2005, with appointed counsel): jury unanimously recommended death, 12-0. Exact day Sept. 15 appears only in the FL Legislature summary; month and 12-0 vote confirmed. (That summary mislabels it a 'guilty verdict': guilt was by plea.)FL Legislature capital case summary DC#324342 (09/15/05, 12-0); 11th Cir. 22-10957 p.7; cert petition p.4 ('September 2005', unanimous); FSC SC2026-1605 p.3
  5. 2005-10-13Sentenced to death for the murder; 30 years consecutive for robbery with a weapon. Trial court found 5 aggravators and 19 nonstatutory mitigators.FL Legislature summary (10/13/05); cert petition 26-6013 (Judgment Entered Oct. 13, 2005); FSC SC2026-1605 pp.3-4; NSF ('October 2005')
  6. 2007-06-28Florida Supreme Court affirmed conviction and death sentence on direct appeal (Guardado v. State, 965 So. 2d 108, SC05-2035); rehearing denied Sept. 10, 2007; mandate Sept. 26, 2007.FL Legislature summary; cert petition 26-6013 related cases; FSC SC2026-1605 p.4; 11th Cir. p.28; NSF ('upheld in 2007')
  7. 2008-02-19U.S. Supreme Court denied certiorari (No. 07-8094, 552 U.S. 1197); sentence final.FL Legislature summary; cert petition 26-6013 related cases; 11th Cir. p.28; FSC SC2026-1605 p.5
  8. 2008-10-13Initial state postconviction (Rule 3.851) motion filed; amended June 1, 2010. Claims: ineffective penalty-phase counsel (mitigation investigation, jurors).FL Legislature summary (10/13/08, 06/01/10); FSC SC2026-1605 p.5 ('October 2008 ... June 2010')
  9. 2017-05-11Florida Supreme Court denied his Hurst-based state habeas petition (Guardado v. Jones, 226 So. 3d 213, SC17-389); rehearing denied Sept. 19, 2017. U.S. Supreme Court denied cert April 2, 2018 (No. 17-7171, 584 U.S. 922).FSC SC2026-1605 p.6; cert petition 26-6013 related cases
  10. 2018-03-08Florida Supreme Court affirmed summary denial of his Hurst successive motion (238 So. 3d 162, SC17-1903; circuit denial Sept. 27, 2017). U.S. Supreme Court denied cert Nov. 13, 2018 (No. 17-9284, 586 U.S. 1004).FSC SC2026-1605 pp.6-7; cert petition 26-6013 related cases
  11. 2022-01-19U.S. District Court (N.D. Fla., No. 4:15-cv-256) denied the federal habeas petition and a certificate of appealability; reconsideration denied Feb. 22, 2022.FSC SC2026-1605 p.7; cert petition 26-6013 related cases; 11th Cir. 22-10957 caption
  12. 2024-08-1211th Circuit affirmed denial of federal habeas (No. 22-10957, 112 F.4th 958); closing: 'After a full and fair penalty phase trial'.11th Cir. 22-10957 (filed 08/12/2024) p.76; FSC SC2026-1605 p.7; NSF via WUSF/NBC 6 ('rejected ... in 2024')
  13. 2025-06-23U.S. Supreme Court denied certiorari on the federal habeas case (Guardado v. Dixon, No. 24-6549, 145 S. Ct. 2822).SCOTUS docket 24-6549; cert petition 26-6013 related cases; FSC SC2026-1605 p.7
  14. 2026-10-05Gov. Ron DeSantis signed the death warrant (Monday), setting execution for Nov. 5, 2026. The warrant states executive clemency 'is not appropriate.'FSC SC2026-1605 p.7, p.11 (quotes warrant); cert petition p.4; NSF via WUSF ('Monday, October 5'); NBC 6; CBS12
  15. 2026-10-09DeSantis withdrew William Lee Thompson's warrant (his first withdrawal), so Guardado would be Florida's 19th execution of 2026 (matching 2025's record of 19), not the 20th reported when his warrant was signed.AP via ABC News; Florida Phoenix; News4Jax (Oct. 9); Tampa Free Press ('19th execution'); State Affairs ('record-tying')
  16. 2026-10-19Walton County circuit court summarily denied the successive postconviction motion.FSC SC2026-1605 p.8; circuit order dated Oct. 19, 2026 (SCOTUS 26-6013 appendix B); Tracking Florida's Death Penalty substack
  17. 2026-10-29Florida Supreme Court affirmed the denial and denied a stay (SC2026-1605): 'Guardado's claims are untimely'; clemency 'rests in the unfettered discretion of the Governor'; concurrence warned against frivolous claims even under an active warrant.FSC SC2026-1605; WMBB via Yahoo (Oct. 29); Tampa Free Press (Oct. 29); SCOTUS docket 26-6013 (lower-court decision date)
  18. 2026-10-30Guardado's lawyers petitioned the U.S. Supreme Court for certiorari (No. 26-6013) and applied for a stay (26A623, to Justice Thomas). They argue no death-row clemency in Florida since 1983 ('the executive has flipped a coin that says denied on both sides') and that his jury never heard about his time at the Dozier School for Boys (sent there at 17, per the petition).SCOTUS docket 26-6013; cert petition 26-6013 pp.6-7, 11-14
  19. 2026-11-05Execution scheduled for Thursday, Nov. 5, 2026, 6 p.m. ET, Florida State Prison. Guardado is 64. SCHEDULED, not carried out: recheck after 6 p.m.FSC SC2026-1605 p.1; NSF via WUSF/NBC 6; WMBB; SCOTUS 26-6013 appendix cover (6:00 PM)

Also in our research file

Updates and corrections

No corrections to this page. Spot an error? corrections@undercurrentdaily.com

Photos: Walton County Courthouse and Lake DeFuniak by Ebyabe (CC BY-SA 3.0); former Dozier School for Boys by Michael Rivera (CC BY-SA 4.0), via Wikimedia Commons. Map: U.S. Census TIGER.

Undercurrent takes no position on the death penalty or on clemency.

Spot an error? Email corrections@undercurrentdaily.com. See our corrections policy. Have information about this case? Contact the investigating agency first.

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