No. 23-6830

Thomas E. Creech v. Josh Tewalt, Director, Idaho Department of Correction, et al.

Lower Court: Ninth Circuit
Docketed: 2024-02-26
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-challenge criminal-procedure death-penalty due-process eighth-amendment execution-secrecy lethal-injection
Key Terms:
DueProcess Punishment HabeasCorpus
Latest Conference: N/A
Question Presented (from Petition)

Whether it comports with due process for a state to refuse to provide a condemned inmate information about his method of execution that would enable him meaningfully to mount an Eighth Amendment challenge to that method; and

Whether it comports with due process for the federal courts to artificially truncate a death-row inmate's only appeal challenging the withholding of all execution information bar the name of the lethal injection chemical.

Question Presented (AI Summary)

Whether it comports with due process for a state to refuse to provide a condemned inmate information about his method of execution that would enable him meaningfully to mount an Eighth Amendment challenge to that method

Docket Entries

2024-02-28
Petition DENIED.
2024-02-28
Application (23A782) referred to the Court.
2024-02-28
Application (23A782) for stay of execution of sentence of death presented to Justice Kagan and by her referred to the Court is denied. The petition for a writ of certiorari is denied.
2024-02-27
Brief of respondent Josh Tewalt, et al. in opposition filed.
2024-02-27
Response to application from respondent Josh Tewalt, et al. filed.
2024-02-27
Reply of applicant Thomas Creech filed.
2024-02-27
Reply of petitioner Thomas Creech filed.
2024-02-26
Application (23A782) for a stay of execution of sentence of death, submitted to Justice Kagan.
2024-02-26

Attorneys

Josh Tewalt, et al.
Alan Michael HurstIdaho Office of the Attorney General, Respondent
Thomas Creech
Mary Elizabeth SpearsFederal Defender Services of Idaho, Petitioner