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CREECH v. STATE

No. 27309.

51 P.3d 387 (2002)

137 Idaho 573

Thomas Eugene CREECH, Petitioner-Appellant, v. STATE of Idaho and James Spalding, Director of the Department of Correction, and Dave Paskett, Warden of the Idaho Maximum Security Institute, Department of Correction, State of Idaho, Respondents.

Supreme Court of Idaho, Boise, March 2002 Term.

Rehearing Denied August 1, 2002.

Attorney(s) appearing for the Case

Hampton & Elliott, Boise, for appellant. Teresa A. Hampton argued.

Hon. Alan G. Lance, Attorney General, Boise, for respondents. L. LaMont Anderson, Deputy Attorney General, argued.

OPINION AND ORDER GRANTING MOTION TO DISMISS APPEAL

TROUT, Chief Justice.

This is a motion by the State of Idaho ("the State") to dismiss the appeal of Thomas Eugene Creech ("Creech") pursuant to I.C. § 19-2719. Creech appeals the district court's order dismissing his successive petition for post-conviction relief in a capital case.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Creech was originally convicted of and sentenced to death...

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