No. 17-7171October Term 2017Decided Apr 2, 2018
Jesse Guardado, Petitioner v. Julie L. Jones, Secretary, Florida Department of Corrections
The Supreme Court did not take up the case, so it did not answer whether Florida's per se harmless-error rule is constitutional.
Case status
- Current stage
- Decided
- Latest event
- Decision released Apr 2, 2018
- What it's about
from the Supreme Court of Florida.
Question presented
Whether the Florida Supreme Court, having properly held that Hurst applies retroactively to Petitioner, violated the United States Constitution by mechanically applying its per se harmless-error rule to deny relief?
- Case path
Supreme Court of Florida / Decision released Apr 2, 2018
- Area
Decided Supreme Court case
Briefing
What it's about
This case asked whether Florida could automatically treat a Hurst sentencing error as harmless when a death recommendation from the jury was unanimous. The Supreme Court declined review and did not decide that constitutional question, leaving the Florida Supreme Court's result in place.
Vote
The docket action was a declined petition for certiorari (the Court's decision whether to hear a case). No vote breakdown or opinion lineup is provided here.
Impact
That means Florida death-row prisoners raising similar Hurst claims did not get new guidance from the U.S. Supreme Court in this case. For example, a prisoner whose jury unanimously recommended death still had to rely on Florida courts' existing harmless-error approach.
What's next
This Supreme Court docket action is over. The Florida Supreme Court's judgment remains in effect, and any further relief would have to come through other court proceedings, if available.
What was the main fight in Guardado's case?
Guardado argued that Florida could not automatically call a Hurst error harmless just because the jury unanimously recommended death. He said courts must review the full record case by case.
Who is affected by the Court declining review here?
People challenging older Florida death sentences after Hurst are affected most directly. They did not get a new nationwide answer from the U.S. Supreme Court in this case.
What happens next after the Supreme Court's action?
Nothing else happens in this Supreme Court case because the docket action is finished. The lower court result stays in place unless Guardado pursues some other available proceeding.
Decision
What the Court decided
The Supreme Court did not take up the case, so it did not answer whether Florida's per se harmless-error rule is constitutional.
Impact
That means Florida death-row prisoners raising similar Hurst claims did not get new guidance from the U.S. Supreme Court in this case. For example, a prisoner whose jury unanimously recommended death still had to rely on Florida courts' existing harmless-error approach.
Not official Court text.
Opinion documents
Documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jun 1, 2026
- Method
- Methodology