Idaho Supreme Court rejects death row inmate Creech’s cruel and unusual sentencing argument • Idaho Capital Sun

Creech, 74, survived his first execution attempt in February after the execution team was unable to establish venous access and aborted the execution. A November death sentence expired under a separate federal court stay.

After the February attack, the Idaho Department of Corrections implemented a new policy that would allow the execution team access to a central vein to administer a lethal injection.

A central vein is a main vein in the body, usually in the chest, neck, or groin. Access to a central vein requires insertion of a catheter. A peripheral vein, like those found in the arm or hand, is closer to the surface of the skin and is often used for tasks such as drawing blood or setting up an IV line in a patient.

Creech is on death row for the violent death of fellow Ada County inmate David Jensen in 1981. He claimed another attempted execution would amount to cruel and unusual punishment and violate his constitutional rights under the Eighth Amendment.

The Idaho Supreme Court unanimously sided with the district court, writing: “Creech has not alleged that the State will cause unnecessary pain in an execution through Central Line IV access.” Instead, he provides anecdotal evidence of difficulty that other states have encountered when inserting median lines.”

The state has not yet issued a new death sentence against Creech because the federal stay is still in effect.

ISC Creech