Creech v. State

Summary

The Idaho Supreme Court affirmed dismissal of Creech’s successive post-conviction petition as untimely. It held that the federal decision limiting evidentiary development in federal habeas proceedings did not restart Idaho’s forty-two-day limitations period because it created no new substantive constitutional rule. The court also held that alleged ineffective assistance by initial post-conviction counsel does not excuse an untimely claim that was known or reasonably knowable earlier, and that Idaho’s constitutional right to effective counsel is coextensive with the federal Sixth Amendment standard.