BOISE, Idaho — Thomas Creech's attorneys filed a motion to stay his execution on Oct. 18, stating they needed more time to "meaningfully develop" his appeal.
"A stay of execution is necessary both under the law and as a practical matter to allow Mr. Creech to present his current questions to this Court in a fair and meaningful way before they are mooted prematurely by his death at the State’s hand," the motion states.
The State of Idaho filed a new death warrant against Creech on Oct. 16.
The motion for a stay filed by Creech's attorneys appeared to contradict the Idaho Supreme Court's order that no more extensions be granted. In court documents, attorneys for Creech said their motion is not intended to violate that order.
The state objected to the motion on Oct. 21, stating the court had already ordered that no request for an extension of time to file any brief shall be granted. The state furthered that Creech had failed to establish a stay is warranted, and that the claim of a "short stay" is false.
"Consequently, any stay entered by this Court could result in years of additional litigation not just a 'few more weeks,'" the objection stated.
Creech hopes to stay the execution until his appeal "can be completed in a thorough and thoughtful fashion, allowing for a less condensed briefing and oral argument schedule, and a remittitur is issued."
Creech's second execution attempt is still scheduled for Nov. 13. The court is expected to make a ruling prior to the date.
In February 2024, the state of Idaho failed to execute Creech after an IV wasn't able to be established after multiple attempts. The execution was called off and his death warrant expired.
On Oct. 15, the Associated Press reported, the Idaho Department of Correction announced it will use central veins deep in the groin, neck, chest or arm to execute prisoners by lethal injection if attempts to insert standard IV lines fail.