Wade Wilson’s legal battle over his death sentence is moving toward the U.S. Supreme Court after his attorney told the Florida Supreme Court that he intends to preserve the constitutional arguments for a future appeal.

Wilson, who was sentenced to death for the 2019 killings of Kristine Melton, 35, and Diane Ruiz, 43, is not challenging his convictions in this particular appeal.

Instead, his attorneys are challenging the legal basis for the death sentences imposed after Florida changed its capital-sentencing law.

The latest development came during a brief Florida Supreme Court hearing in February 2026, when attorney Michael Ufferman told the justices that he would not reargue issues that had already been addressed in earlier decisions. Instead, he wanted the record preserved so the arguments could potentially be presented to the U.S. Supreme Court.

WHY WILSON’S DEATH SENTENCE IS BEING CHALLENGED
The central issue involves a change Florida made to its death-penalty sentencing process in 2023.

Under the new law, a jury can recommend a death sentence without reaching a unanimous vote. At least eight jurors must support the recommendation.

That law was in effect when Wilson was sentenced in 2024, but the two killings occurred in 2019, when Florida required a unanimous jury recommendation for a death sentence.

Wilson’s attorneys argue that applying the newer sentencing framework to his case violates protections under both the Florida and U.S. constitutions.

Their argument focuses on the fact that the legal rules governing capital sentencing were different when the crimes occurred.

THE JURY VOTES IN WILSON’S CASE
Wilson’s case illustrates why the sentencing-law issue matters to his appeal.

For the death sentence involving Kristine Melton, the jury voted 9–3 in favor of death.

For the death sentence involving Diane Ruiz, the vote was 10–2.

Both recommendations therefore met Florida’s newer eight-juror threshold.

Had a unanimous recommendation been required, neither vote would have met that standard.

The trial judge subsequently imposed death sentences for both murders.

Wilson’s attorneys argue that the newer law should not have been applied to crimes committed years before the change.

The state has taken the opposing legal position, arguing that the amended sentencing procedure can constitutionally be applied at a sentencing proceeding conducted after the law took effect. Court filings also argue that the amended statute is procedural rather than a change to the underlying criminal punishment.

FLORIDA SUPREME COURT HAD ALREADY ADDRESSED THE ISSUE
Wilson’s legal team faced a significant obstacle before appearing before the Florida Supreme Court.

The state’s highest court had already upheld Florida’s 2023 capital-sentencing law in other cases.

Because of those precedents, Ufferman told the justices that he would not simply repeat arguments the court had already rejected.

Instead, he used the hearing to make clear that Wilson’s constitutional objections were being preserved for possible review by the federal courts.

The state attorney representing Florida likewise did not present an extended argument and asked the court to affirm the lower court’s ruling.

The Florida Supreme Court subsequently upheld the lower court’s decision.

THE APPEAL IS ABOUT THE SENTENCE — NOT THE CONVICTIONS
The distinction is important.

Wilson was convicted of killing Melton and Ruiz, and his current appeal does not seek to overturn those convictions.

His legal challenge concerns whether the death sentences themselves were lawfully imposed under Florida’s capital-sentencing rules.

The Florida Supreme Court’s case record identifies the proceeding as Wade Steven Wilson v. State of Florida, case number SC2024-1345. The appeal raised multiple issues concerning his death sentences.

That means a successful challenge to the sentencing procedure would not necessarily mean that Wilson’s convictions disappeared. The legal question being pursued is whether the death penalty imposed after those convictions can stand.

WILSON WAS SENTENCED IN 2024
Wilson was convicted in 2024 of the murders of Melton and Ruiz, who were killed in Cape Coral in 2019.

A sentencing proceeding followed in which the court considered evidence concerning aggravating and mitigating circumstances.

On August 27, 2024, Judge Nicholas Thompson formally sentenced Wilson to death for both murders.

During the sentencing proceedings, defense experts presented evidence concerning Wilson’s background and mental health history.

One defense neurologist testified about possible brain abnormalities and their potential relationship to impulsive behavior.

A medical examiner called by the state disputed those conclusions and testified that the brain scans did not show the structural problems described by the defense.

The sentencing court ultimately imposed two death sentences.

WHAT HAPPENS IF THE CASE REACHES THE U.S. SUPREME COURT?
The next potential step would be a petition asking the U.S. Supreme Court to review the federal constitutional issues raised by Wilson’s attorneys.

However, saying that an attorney intends to seek Supreme Court review does not mean the Supreme Court will automatically hear the case.

The justices choose which petitions to review, and most petitions presented to the court are not granted.

For now, the documented position of Wilson’s legal team is that the constitutional arguments should remain preserved for possible federal review.

NO EXECUTION DATE HAS BEEN ANNOUNCED
Wilson remains under a death sentence following the Florida court proceedings.

The February 2026 hearing did not result in a new sentence or a change to his convictions.

Instead, it represented another stage in the lengthy appellate process surrounding his death sentences.

His attorneys continue to challenge the legal framework used to impose those sentences, while prosecutors maintain that the sentencing procedure was lawful.

The dispute could therefore continue beyond Florida’s courts if Wilson’s legal team follows through on its stated intention to seek review by the U.S. Supreme Court.

For now, the Florida Supreme Court has upheld the lower court’s ruling, while Wilson’s attorneys have indicated that they intend to continue pursuing the constitutional challenge in federal court.

SOURCES
Court TV — Wade Wilson’s attorney promises to take appeal to U.S. Supreme Court