Creech v. State, 137 Idaho 573

Summary

The Idaho Supreme Court granted the State's motion to dismiss Thomas Eugene Creech's appeal from the dismissal of his successive petition for post-conviction relief in a capital case. The court held that Creech failed to make the required prima facie showing that his claims were not known, or reasonably could not have been known, within the time limits of Idaho Code § 19-2719. The court concluded that the claims were waived, while a special concurrence addressed the court's jurisdiction to review such appeals.

Holdings

1. A successive post-conviction petition in a capital case must be dismissed when the petitioner fails to make a prima facie showing that the claims were not known and could not reasonably have been known within the statutory period established by Idaho Code section 19-2719.
2. Creech's ineffective-assistance and conflict-of-interest claims were barred because the relevant facts were known or reasonably could have been known when he filed his first post-conviction petition.
3. Creech's constitutional challenge to Idaho Code section 19-2719 was barred because the statute and its application were known or reasonably could have been known when his first petition was filed.
4. Creech's confinement-delay claim was ripe and reasonably could have been known when he filed his first post-conviction petition, because he had already been on death row for more than thirteen years.

Questions Presented

1. Whether Creech's successive post-conviction claims were known or reasonably could have been known when he filed his initial petition and therefore were waived under Idaho Code section 19-2719(5).
2. Whether Creech made the required prima facie showing that his claims fell within the statutory exception for claims that were not known and reasonably could not have been known within the statutory period.
3. Whether the Idaho Supreme Court should dismiss the appeal under Idaho Code section 19-2719 rather than reach the merits of the successive petition.

Disposition

dismissed