No. 23-6831

Thomas E. Creech v. Idaho Commission of Pardons and Parole, et al.

Lower Court: Ninth Circuit
Docketed: 2024-02-26
Status: Denied
Type: IFP
IFP
Tags: clemency clemency-hearing constitutional-challenge constitutional-challenges due-process false-evidence harmless-error prosecutorial-misconduct
Key Terms:
SocialSecurity DueProcess HabeasCorpus Punishment
Latest Conference: N/A
Question Presented (from Petition)

(1) Does the State's intentional presentation of false evidence at a clemency hearing violate due process?

(2) Under what circumstances, if any, does harmless-error analysis apply when constitutional challenges are brought to clemency proceedings?

Question Presented (AI Summary)

Does the State's intentional presentation of false evidence at a clemency hearing violate due process?

Docket Entries

2024-02-28
Petition DENIED.
2024-02-28
Application (23A783) referred to the Court.
2024-02-28
Application (23A783) 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 Idaho Commission of Pardons and Parole; Jan M. Bennetts, Ada County Prosecuting Attorney, in her Official Capacity in opposition filed.
2024-02-27
Reply of petitioner Thomas E. Creech filed.
2024-02-26
Application (23A783) for a stay of execution of sentence of death, submitted to Justice Kagan.
2024-02-26

Attorneys

Idaho Commission of Pardons and Parole; Jan M. Bennetts, Ada County Prosecuting Attorney, in her Official Capacity
Sherry Ann MorganAda County Prosecutor's Office, Civil Division, Respondent
Alan Michael HurstIdaho Office of the Attorney General, Respondent
Thomas E. Creech
Jonah Joshua HorwitzFederal Defender Services of ldaho, Petitioner