Arave v. Creech

507 U.S. 463, 113 S. Ct. 1534, 123 L. Ed. 2d 188, 1993 U.S. LEXIS 2554
CourtSupreme Court of the United States
DecidedMarch 30, 1993
Docket91-1160
StatusPublished
Cited by361 cases

This text of 507 U.S. 463 (Arave v. Creech) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arave v. Creech, 507 U.S. 463, 113 S. Ct. 1534, 123 L. Ed. 2d 188, 1993 U.S. LEXIS 2554 (1993).

Opinions

Justice O’Connor

delivered the opinion of the Court.

In 1981 Thomas Eugene Creech beat and kicked to death a fellow inmate at the Idaho State Penitentiary. He pleaded guilty to first-degree murder and was sentenced to death. The sentence was based in part on the statutory aggravating circumstance that “[b]y the murder, or circumstances surrounding its commission, the defendant exhibited utter disregard for human life. ” Idaho Code § 19 — 2515(g)(6) (1987). The sole question we must decide is whether the “utter disregard” circumstance, as interpreted by the Idaho Supreme Court, adequately channels sentencing discretion as required by the Eighth and Fourteenth Amendments.

I

The facts underlying this case could not be more chilling. Thomas Creech has admitted to killing or participating in the killing of at least 26 people. The bodies of 11 of his victims — who were shot, stabbed, beaten, or strangled to death — have been recovered in seven States. Creech has [466]*466said repeatedly that, unless he is completely isolated from humanity, he likely will continue killing. And he has identified by name three people outside prison walls he intends to kill if given the opportunity.

Creech’s most recent victim was David Dale Jensen, a fellow inmate in the maximum security unit of the Idaho State Penitentiary. When he killed Jensen, Creech was already serving life sentences for other first-degree murders. Jensen, about seven years Creech’s junior, was a nonviolent car thief. He was also physically handicapped. Part of Jensen’s brain had been removed prior to his incarceration, and he had a plastic plate in his skull.

The circumstances surrounding Jensen’s death remain unclear, primarily because Creech has given conflicting accounts of them. In one version, Creech killed Jensen in self-defense. In another — the version that Creech gave at his sentencing hearing — other inmates offered to pay Creech or help him escape if he killed Jensen. Creech, through an intermediary, provided Jensen with makeshift weapons and then arranged for Jensen to attack him, in order to create an excuse for the killing. Whichever of these accounts (if either) is true, the Idaho Supreme Court found that the record supported the following facts:

“Jensen approached Creech and swung a weapon at him which consisted of a sock containing batteries. Creech took the weapon away from Jensen, who returned to his cell but emerged with a toothbrush to which had been taped a razor blade. When the two men again met, Jensen made some movement toward Creech, who then struck Jensen between the eyes with the battery laden sock, knocking Jensen to the floor. The fight continued, according to Creech’s version, with Jensen swinging the razor blade at Creech and Creech hitting Jensen with the battery filled sock. The plate imbedded in Jensen’s skull shattered, and blood from Jensen’s skull was splashed on the floor and walls. Finally, the sock broke [467]*467and the batteries fell out, and by thát time Jensen was helpless. Creech then commenced kicking Jensen about the throat and head. Sometime later a guard noticed blood, and Jensen was taken to the hospital, where he died the same day.” State v. Creech, 105 Idaho 362, 364, 670 P. 2d 463, 465 (1983), cert. denied, 465 U. S. 1051 (1984).

Creech pleaded guilty to first-degree murder. The trial judge held a sentencing hearing in accordance with Idaho Code § 19-2515(d) (1987). After the hearing, the judge issued written findings in the format prescribed by Rule 33.1 of the Idaho Criminal Rules. Under the heading “Facts and Argument Found in Mitigation,” he listed that Creech “did not instigate the fight with the victim, but the victim, without provocation, attacked him. [Creech] was initially justified in protecting himself.” App. 32. Under the heading “Facts and Argumen[t] Found in Aggravation,” the judge stated:

“[T]he victim, once the attack commenced, was under the complete domination and control of the defendant. The murder itself was extremely gruesome evidencing an excessive violent rage. With the victim’s attack as an excuse, the . . . murder then took on many of the aspects of an assassination. These violent actions . . . went well beyond self-defense.
“. . . The murder, once commenced, appears to have been an intentional, calculated act.” Id., at 32-33.

The judge then found beyond a reasonable doubt five statutory aggravating circumstances, including that Creech, “[b]y the murder, or circumstances surrounding its commission,... exhibited utter disregard for human life.” Id., at 34. He observed in this context that “[a]fter the victim was helpless [Creech] killed him.” Ibid. Next, the judge concluded that the mitigating circumstances did not outweigh the aggravat[468]*468ing circumstances. Reiterating that Creech “intentionally destroyed another human being at a time when he was completely helpless,” ibid., the judge sentenced Creech to death.

After temporarily remanding for the trial judge to impose sentence in open court in Creech’s presence, the Idaho Supreme Court affirmed. The court rejected Creech’s argument that the “utter disregard” circumstance is unconstitutionally vague, reaffirming the limiting construction it had placed on the statutory language in State v. Osborn, 102 Idaho 405, 631 P. 2d 187 (1981):

“ ‘A .. . limiting construction must be placed upon the aggravating circumstances in I. C. § 19 — 2515[g] (6), that “[b]y the murder, or the circumstances surrounding its commission, the defendant exhibited utter disregard for human life.” To properly define this circumstance, it is important to note the other aggravating circumstances with which this provision overlaps. The second aggravating circumstance, I. C. § 19 — 2515[g](2), that the defendant committed another murder at the time this murder was committed, obviously could show an utter disregard for human life, as could the third aggravating circumstance, I. C. § 19-2515[g](3), that the defendant knowingly created a great risk of death to many persons. The same can be said for the fourth aggravating circumstance, I. C. § 19-2515[g](4), that the murder was committed for remuneration. Since we will not presume that the legislative intent was to duplicate any already enumerated circumstance, thus making [the “utter disregard” circumstance] mere surplusage, we hold that the phrase “utter disregard” must be viewed in reference to acts other than those set forth in I. C. §§19-2515[g](2), (3), and (4). We conclude instead that the phrase is meant to be reflective of acts or circumstances surrounding the crime which exhibit the highest, the utmost, callous disregard for human life, i. e., the cold-blooded, pitiless slayer.’” Creech, supra, at 370, [469]*469670 P. 2d, at 471 (quoting Osborn, supra, at 418-419, 681 P. 2d, at 200-201) (citation omitted).

After independently reviewing the record, the Idaho Supreme Court also held that the evidence clearly supported the trial judge’s -findings of aggravating and mitigating circumstances, including the finding that Creech had exhibited “utter disregard for human life.” 105 Idaho, at 369, 670 P. 2d, at 470.

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Cite This Page — Counsel Stack

Bluebook (online)
507 U.S. 463, 113 S. Ct. 1534, 123 L. Ed. 2d 188, 1993 U.S. LEXIS 2554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arave-v-creech-scotus-1993.