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IN RE CREECH

No. 24-4455.

119 F.4th 1114 (2024)

IN RE: Thomas Eugene CREECH. Thomas Eugene Creech, Petitioner. v. United States District Court for the District of Idaho, Boise, Respondent. Idaho Commission of Pardons and Parole; Jan M Bennetts, Ada county Prosecuting Attorney, in her official capacity, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Filed October 16, 2024.

Attorney(s) appearing for the Case

Jonah Horwitz and Christopher M. Sanchez, Assistant Federal Public Defenders, Federal Defenders of Idaho, Capital Habeas Unit, Boise, Idaho; for Petitioner.

Mary K. Magnelli, Lead Deputy Attorney General; Rebecca Strauss, Assistant Attorney General; Idaho Office of the Attorney General, Boise, Idaho; for Real Party in Interest Idaho Commission of Pardons and Parole.

Dayton P. Reed and Heather McCarthy, Deputy Prosecuting Attorneys; Sherry A. Morgan, Senior Deputy Prosecuting Attorney; Ada County Prosecutor's Office, Boise, Idaho; for Real Party in Interest Jan M. Bennetts.

Before: William A. Fletcher, Jay S. Bybee, and Morgan B. Christen, Circuit Judges.

OPINION

In this case, we consider Thomas Eugene Creech's petition for a writ of mandamus. Creech has been on death row for over four decades for the 1981 murder of fellow inmate David Dale Jensen. In January 2024, the Idaho Commission of Pardons and Parole held a hearing to consider whether Creech should be granted...

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