The Idaho Supreme Court has ruled that a second attempt to execute Thomas Creech, an inmate on death row since 1983, would not violate his Eighth Amendment protections against cruel and unusual punishment.
Creech had previously survived an execution attempt in February when the execution team failed to gain vein access and called off the procedure.
The court affirmed a lower district court’s ruling, rejecting Creech’s claim that another attempt would be cruel and unusual.
The court cited that Creech had not provided evidence that the state would inflict unnecessary pain during an execution using central line IV access, which involves the insertion of a catheter into a major vein.
Creech, who is on death row for the 1981 beating death of fellow inmate David Jensen, is awaiting a new death warrant, as a federal court stay remains in place.