BOISE, Idaho — The Idaho Supreme Court has denied Thomas Creech's motion to stay his execution.
In an Oct. 18 filing, Creech and his legal team filed an emergency motion for stay of execution - trying to stop his Nov. 13 execution by lethal injection.
The state of Idaho filed a new death warrant against Creech on Oct. 16.
In the order filed by the Idaho Supreme Court, the Court denied the appeal, however there is still some legal proceedings that may hinder the execution.
The execution is pending the determination of Creech's appeal of the district court's decision and order denying the motion for reconsideration.
Despite the current appeal being processed by the court system, the motion to stay the execution was denied on the basis that that the appeal will be decided on before the date of execution.
Thomas Creech is Idaho's longest-standing death row inmate and faced his first execution Feb. 2024. Medical staff with the Idaho Department of Correction was unable to access his veins for his lethal injection, resulting in his execution being halted and rescheduled.
After the failed execution in February, Creech said a second attempt to execute him would be "cruel and unusual punishment" - violating his Eight Amendment rights, as previously reported by KTVB.
On Sept. 5, 2023, a district court dismissed Creech's post-conviction claim. In response to Creech's double jeopardy argument, Judge Jason D. Scott said the state has yet to carry out Creech's punishment, which is his death sentence, so a second attempt wouldn't subject him to more punishment.