BOISE, Idaho — An emergency motion to stay the execution of Idaho Maximum Security Institution resident Thomas Creech was filed on Friday, stating that there isn't enough time to fully develop Creech's appeal before his Nov. 13 execution date.
"With this motion, Mr. Creech begs the Court to grant a stay that would alleviate the extreme time limitation and allow for his appeal to be fully, fairly, and meaningfully developed, briefed, argued, and considered by the Court," the motion states.
The motion comes after the federal judge overseeing Creech's case was removed after failing to recuse herself due to a close relationship with the Ada County prosecutor.
RELATED: Federal judge removed from Thomas Creech case, new appeal filed.
A new appeal was filed shortly after the judge's removal, which is appealing against several past judgments, including the dismissal of Creech's petition for a post-conviction hearing and the previously denied motion for reconsideration.
The state of Idaho planned to execute Creech in February, but the execution failed due to the inability to establish an IV line. The Idaho Department of Corrections has since renovated the execution chamber to accommodate using central deep veins instead of standard IV lines.
RELATED: November execution set for Thomas Creech following execution chamber renovations.
