Creech v. Arave

928 F.2d 1481 Thomas E. CREECH, Petitioner-Appellant, v. A.J. ARAVE, Warden, Idaho State Penitentiary; Al Murphy, Director, Idaho State Board of Corrections; Jim Jones, Attorney General, State of Idaho, Defendants-Appellees. No. 86-3983. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 6, 1988. Submission Deferred Aug. 25, 1988. Resubmitted July 12, 1990. Decided March 27, 1991. Cliff Gardner, Fiedler & Gardner, San Francisco, Cal., for petitioner-appellant. Lynn E. Thomas, Sol. Gen., State of Idaho, Boise, Idaho, for defendants-appellees. Appeal from the United States District Court for the District of Idaho. Before BEEZER, HALL and WIGGINS, Circuit Judges. CYNTHIA HOLCOMB HALL, Circuit Judge: 1 Petitioner Thomas E. Creech appeals from the district court's denial of his petition for a writ of habeas corpus. Creech is currently incarcerated at the Idaho State Correctional Institution ("ISCI") on the basis of three Idaho murder convictions. The conviction which gives rise to this appeal is based on Creech's 1981 murder of David Jensen, a fellow inmate at ISCI. Creech pleaded guilty to first degree murder and was sentenced to death. 2 * The facts and…