BOISE, Idaho — The state's highest court has upheld a lower court ruling dismissing post-conviction relief for Idaho's longest-serving death row inmate, Thomas Creech.
On Tuesday, Nov. 5, the Supreme Court issued its opinion, and Chief Justice G. Richard Bevan wrote, "I join in the result of the majority opinion to affirm the decision of the district court, denying Thomas Creech relief."
Attorneys representing Creech previously argued a second attempt to execute him would be cruel and unusual punishment, violating the Eighth Amendment and the Fifth Amendment's double jeopardy clause.
In the Supreme Court opinion, Bevan said Creech's arguments do not have merit under the "Uniform Post Conviction Procedure Act" or Idaho state code. He said attorneys are arguing the method of execution, not the imposition of the death sentence, which doesn't "cast doubt on his underlying conviction or death sentence."
The justices said a second execution attempt would not amount to cruel or unusual punishment or violate the double jeopardy clause that says no person can be tried twice for the same crime.
Idaho Department of Correction medical staff attempted to execute Creech February 28, 2024 but eventually ended the procedure because they were unable to establish a vein to insert the IV line needed to administer the lethal injection.
On Oct. 15, the Associated Press reported the Idaho Department of Correction announced it will use central veins deep in the groin, neck and chest to execute prisoners by lethal injection if attempts to insert IV lines in an inmate's arms fail.
While the Supreme Court released its opinion on Tuesday, KTVB is still awaiting a decision from a federal judge on whether the execution should be put on hold, which would delay Creech's Nov. 13 scheduled execution date.
