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Idaho prisoner secures stay of execution, alleges cruel and unusual punishment

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Idaho prisoner secures stay of execution, alleges cruel and unusual punishment


By Kevin Fixler
Idaho Statesman

BOISE, Idaho — Immediately following the Idaho prison system’s failure Wednesday to execute the state’s longest-serving death row prisoner by lethal injection, his attorneys secured a stay of execution from a federal judge and filed a new demand to protect their client’s constitutional rights.

U.S. District Court Judge Amanda Brailsford for the District of Idaho issued a stay of execution for prisoner Thomas Creech about a half hour after Idaho Department of Correction officials called off his lethal injection when they couldn’t locate a vein for an IV. Attorneys for the prison system did not contest the emergency request for the stay from Creech’s attorneys, who alleged in their court filing that the execution team had “badly botched” their client’s scheduled lethal injection Wednesday morning.

Creech’s attorneys wrote that they were not aware at the time of their filing whether the prison system would again try to execute their client during his active death warrant, which expired at the end of the day Wednesday. IDOC Director Josh Tewalt said during a Wednesday afternoon press conference that the prison system decided not to make another attempt to execute Creech.

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Tewalt and media witnesses said the execution team tried eight times to find a vein in different areas of Creech’s body over about an hour. The execution team’s failure to end Creech’s life by lethal injection “proves IDOC’s inability to carry out a humane and constitutional execution,” his attorneys wrote.

A new death warrant — what would be the 13th for Creech since he was convicted of murder for the November 1974 shooting deaths of two men in Valley County — would need to be issued if prison officials were to attempt to execute him again. Creech, 73, received the death penalty and has been incarcerated in Idaho for nearly 50 years, the bulk of that time on death row.

Next, Creech’s attorneys with the legal nonprofit Federal Defender Services of Idaho argued that their client’s constitutional rights may have been violated during Wednesday’s execution attempt. They issued a legal demand that the prison system preserve all evidence, and that the execution chamber be kept in its present condition. They sought to inspect and photograph the chamber, and immediately speak with their client.

“This motion is based on Mr. Creech’s right to an execution free from cruel and unusual punishment under the Eighth Amendment,” wrote Creech’s attorneys in the case that names Tewalt, Idaho, maximum security prison Warden Tim Richardson and IDOC prisons chief Chad Page as the defendants.

Members of the Idaho attorney general’s office objected on their behalf in a response filing, arguing that Creech’s attorneys had not stated a viable legal claim. They asked that Brailsford reject the request.

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“While (the) plaintiff cites the Eighth Amendment, the motion does not contain any legal or other authoritative source citations to support plaintiff’s requests that IDOC preserve ‘evidence’ and the execution chamber,” the prison officials’ attorneys said.

Brailsford held a Wednesday afternoon conference call with attorneys from both sides to discuss the emergency demand, according to the court docket. The judge during the call reminded each side of their responsibility to preserve information they believe could be relevant in a future lawsuit.

Brailsford found the emergency demand to be moot, the docket stated, after attorneys for Creech and the prison system during the call reached agreement on each of the three requests in the legal demand. The terms of that compromise were not immediately clear.

Creech was returned to his cell after prison officials called off the execution, prison officials said. Tewalt said Wednesday that state officials are reviewing what they may do next.

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Idaho Falls City Council delays vote on proposed alcohol ordinance – Local News 8

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Idaho Falls City Council delays vote on proposed alcohol ordinance – Local News 8


IDAHO FALLS, Idaho (KIFI) – A controversy is brewing as the City of Idaho Falls reviews its alcohol ordinance.

The goal is to consolidate four existing ordinances for beer, wine and liquor into a single law and ensure compliance with state code.

However, at its meeting last Thursday, the Idaho Falls City Council unanimously voted to remove the proposed ordinance from its agenda, in order to receive and consider additional public comment.

The proposed ordinance would:

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1. Require commercial establishments selling, dispensing or permitting consumption of alcohol – including beer, wine or liquor – to have an alcohol license, alcohol catering permit or a charitable event permit.

2. Business events with 20 or less employees consuming alcohol at the business would be allowed.

3. Require alcohol servers to complete training every three years.

4. Individuals who violate the law could be charged with a misdemeanor.

Idaho Falls City Council President Jim Francis said the changes were the culmination of months of collaboration between law enforcement, business owners and city attorneys.

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“We wanted to provide a safe environment – the primary point here – for public gatherings,” Francis said. “We recognize that certain antiquated elements of the current code are overly restrictive and needed to be addressed. We wanted to make the code more accessible to the public. We needed to address over-pouring issues. We wanted to reduce penalties where possible for violations, particularly the first offenses, and yet make the code clear enough to be enforceable consistently by law enforcement.”

But City Council Member John Radford said the changes represent an overreach by city government.

“I believe it’s a bad policy. What problem are we solving in the name of trying to solve a non-problem?” Radford said. “We’re becoming big brother around alcohol in your private property. I’m concerned that landlords will be at risk of being charged with a misdemeanor if they knowingly, which I made sure that was in there, because that is what we’ve been talking about, allowed people to drink in our business. We will be outside the norm of Idaho cities. This is a big step, and I don’t think the public has weighed in on this.”

At a City Council Work Session on June 1, Idaho Falls Chief of Police Bryce Johnson cited an increase in alcohol-related crime – particularly downtown – as a reason for the changes.

“DUI is there, but this would include sexual assaults, assaults, batteries, disturbances, urination, public vandalism, shooting – all sorts of crimes,” Johnson said.

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But business owners are concerned about the potential impact on commercial enterprises.

“The ordinance doesn’t address the real problem – which is people drinking … at one event and then showing up in a bar or restaurant already hammered and causing problems anyway,” ” said Terri Ireland, representing the Idaho Falls Downtown Merchants Association. “The industry is really well-regulated by state and local laws already.”

The City of Idaho Falls began the process of updating its alcohol ordinance in January 2026, seeking input from community stakeholders.

Multiple community members spoke out about the ordinance.

For more in-depth information, you can read the full 39-page proposed alcohol ordinance here.

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Idaho attorneys rebuff DOJ threat to prosecute Secretary of State in voter roll dispute

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Idaho attorneys rebuff DOJ threat to prosecute Secretary of State in voter roll dispute


A simmering dispute between Idaho’s top elections official and the U.S. Department of Justice escalated this month after federal officials warned Secretary of State Phil McGrane about possible prosecution tied to non-citizens voting in Idaho.

The Justice Department sent a letter earlier this month threatening McGrane with prosecution. The warning came amid a broader conflict between the Trump administration and McGrane, whom the administration has sued over his refusal to provide unredacted voter rolls to the federal government.

Idaho’s chief of civil litigation, James Craig, responded on July 10. In a letter first reported by the Idaho Statesman, Craig pushed back on the federal warning, writing, “Insinuations of criminal violations of the federal election laws are not well taken,” and asking the department to “stop threatening your friends in Idaho.”

Craig also requested that the lawsuit against McGrane be dismissed and criticized the Justice Department for sending its letter directly to McGrane rather than to the Idaho attorney general’s office.

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The attorney general’s office said the state has already referred 15 cases of possible non-citizen election violations to the Justice Department but is not aware of any of them being prosecuted. Craig’s letter ends by asking the department to do so.



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Idaho Property Taxes are Here to Stay

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Idaho Property Taxes are Here to Stay


The Idaho Legislature won’t eliminate property tax next year. My bold prediction. There will be a few bills introduced, a lot of chatter on talk radio and online, and then action will be kicked down the road. If it looks like a winner in the 2028 Election, it’ll sail through in session a few weeks before the 2028 Primary. Wet an index finger and raise it in the air. Then vote.

As an old Libertarian (with a capital L), I’m familiar with the basic argument. If you own it, why do you have to pay rent? The answer always comes back to, “It’s the best system we have to fund local governments”. Forms have been in place since colonial times, even if scattered geographically. The idea gained steam in the years after the Civil War when a handful of economists blamed property ownership for growing poverty in cities. Property accrued value as space became a premium. So-called reformers believed the tax would balance economic inequality, and appealed to noblesse oblige.

Your Taxes Get Sprinkled Like a Good Rain

I live in Twin Falls County, where we have 78 taxing districts that rely on the current system. If you ask what can replace it, you’re called a Republican in name only (RINO) by compatriots. Obviously, not everything funded by the tax is a waste. First responders and snow plows come to mind. It makes me think of the calls to gut the federal government, but while maintaining Social Security and Medicare. The former makes up nearly a quarter of the budget. Medicare is only 14 percent, but additional health spending brings the tab to another quarter. Historian Niall Ferguson grew up in Scotland, and he summed up Great Britain a couple of weeks ago. People want more, not less, welfare spending. Are we different?

Before anyone in Boise wipes out property tax, legislators need to consider what voters want to stay, and how to fund it otherwise. If they don’t, they’ll see a backlash at the ballot box. Just because I say I want taxes reduced, I didn’t mean the programs that benefit me! The answer won’t be available over 90 days next year.

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More than 20 years ago I hosted a weeklong series on tax alternatives. Among the proposals we examined were Flat Tax, Fair Tax, and Automated Payments Tax. People are most familiar with the first. Everyone pays a flat percentage. Say 12 to 15 percent. Of income, I guess. Of course, we need to define income. Professor Gad Saad is leaving Canada for a job in the United States and has to pay an exit tax based on his estimated assets. Estimated is the dirty word! That’s left to bureaucrats.

This Requires Study and Gaming Outcomes

Go ahead and adopt the flat tax, and please the conservatives, however. Many people, even on the right, have paid very little when it comes to present income confiscation. See how they react when they get a wake-up call. The Fair Tax is a national sales tax of 23 percent. Or it was the percentage proposed 20 years ago. That sounds large, but when you consider your overall tax burden right now, if it replaced what currently exists, you would be better off. This isn’t to say that local governments wouldn’t institute their own taxes. If you live in a blue state or city, that’s a given. Proponents argue that citizens have the option of not paying taxes if they choose not to buy. Obviously, you need to buy some things, unless you’re destitute and living exclusively on handouts.

Automated Payments Tax (APT) is a 1 percent charge on every transaction. A company buys steel to build trucks; it pays 1 percent on the steel. And on every other purchase. The dealer buys the truck for his lot and pays one percent. You buy from the dealer and pay one percent. An economist at the University of Indiana told me it would cover the federal budget. We had that conversation in 2005, when the national debt wasn’t even a quarter of what we see today. None of these plans address the debt, but if state and local governments are creative, maybe we can find something that replaces property taxes.

What we’ll get is a commission from the politically connected who’ll meet once a month for bagels and orange juice. In three years, they’ll provide a solution that works best for them.

Highest Gas Taxes By State in the U.S.

Here are the top 10 states for gas taxes.

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