Thomas Creech News

Title Date Topic Details
News Release January 19, 2024

Creech Commutation Hearing video

Video with reasons to support clemency and instructions on how to help.

Creech Commutation Hearing January 24, 2024

Creech Commutation Hearing Presentation

PowerPoint presentation in support of clemency

Clemency Lawsuit February 27, 2024

Complaint and Motion for Preliminary Injunction

The complaint (Dkt.1) can be found here.

The motion for a preliminary injunction (Dkt. 4-1) can be found here.

Reply in support of motion for preliminary injunction [Dkt. 4] can be found here.

The Cert. Petition can be found here.

The Stay Application can be found here.

News Release February 28, 2024

Statement on Botched Execution

Statement on Botched Execution can be found here

Annual Western All-Star Conference & Confabulation

Date Topic Location
September 12, 2024

Federal Defender Services of Idaho is excited to announce that we will be back at JUMP in the Pioneer Room again this year for an in-person, two-day event – September 12-13th – with a Capital day and a Trial day. There will be something for state and federal practitioners to learn at both sessions. 

Detailed agenda to follow at a later date.

 

Jack's Urban Meeting Place 1000 West Myrtle Street Boise, ID 83702

3rd Thursday Meeting Schedule

Date Guest/Topic Location Joining Link
January 18, 2024

Brent Flock will provide a probation update and an introduction to their new team members.

Zoom
February 15, 2024

Judge Patricco

Zoom/Federal Defender Office
March 21, 2024

BOP credit for time served.

 

Zoom
April 18, 2024

Cancelled.

N/A
May 16, 2024

An overview of guideline basics.

Zoom
October 17, 2024

TBD

Zoom

Webinars

Date Topic Time
January 12, 2024

January 1st Friday Training--Retroactive Application Of New Criminal History Guidelines Amendment 821

On April 27, 2023, the Sentencing Commission submitted to Congress an amendment to the federal sentencing guidelines often referred to as "Amendment 821" or "2023 Criminal History Amendment." On August 24, 2023, Commissioners voted to allow delayed retroactive application to Amendment 821 Part A and subpart 1 of Part B. Part A limits the overall criminal history impact of "Status Points" at USSG SS4A1.1. Part B, Subpart 1 creates a new Chapter Four guideline at USSG SS4C1.1 decreasing by two the offense levels for defendants who did not receive any criminal history points and whose instant offense did not involve specific aggravating factors. If Congress does not act to reject the amendment, thousands of eligible incarcerated individuals will be able to ask courts to reduce their sentences beginning November 1, 2023. Orders granting retroactive relief under the amendment cannot have an effective date prior to February 1, 2024. This webinar will discuss who is eligible for retroactive application, how to make a motion for reduced sentence, what the judge considers when deciding to grant a reduction, limitations on the extent of the reduction a court can make, and strategies to maximize the impact of relief to currently incarcerated individuals.

Contact our office for the link to the Zoom meeting

12:00 Mountain
February 2, 2024

February 1st Friday Training--Navigating Relevant Conduct for Guns and Drugs Under the Guidelines

Fundamentals is designed for those new to federal criminal defense practice and addresses topics that you will likely encounter in your practice, such as ways to recognize and reduce racial injustice in the federal courts, the Bail Reform Act, the essential role of investigation in CJA cases, mental health issues, discovery and motion practice, pleas and proffers, the basics of sentencing and the sentencing guidelines, application of the sentencing guidelines, the categorical approach, the Bureau of Prison, and federal appeals.

Contact our office for the link to the Zoom meeting

12:00 Mountain
March 1, 2024

March 1st Friday Training -- The Busy Lawyer's Update on the Federal Rules of Evidence

This presentation covers critical recent developments to the Federal Rules of Evidence as well as potential upcoming ones. We will discuss developments to FRE 106 (rule of completeness), FRE 404(b)(prior bad acts), FRE 702 (expert opinion testimony), and many, many more. The webinar addresses not only the new amendments (or those in the works), but will also have a broader discussion on challenges (and opportunities) confronted by criminal defense lawyers with these developments to the rules.

Contact our office for the link to the Zoom meeting

12:00 Mountain
April 5, 2024

April 1st Friday Training -- The Busy Lawyer's Guide to Opinion Testimony (Lay and Expert) 

Opinion testimony is often abused by the prosecution. This presentation will review the rules dealing with lay and expert witness testimony, will point out traps for the unwary and how to avoid them, and will equip counsel with defense favorable cases. The presentation will also cover "junk science" and how to try to get it excluded from trial.

Contact our office for the link to the Zoom meeting

12:00 Mountain
May 3, 2024

May 1st Friday Training -- The Busy Lawyer's Guide to Foundations and Authentication Under the Federal Rules of Evidence

This presentation is aimed at giving defense lawyers the tools to confidently deal with the Federal Rules of Evidence covering evidentiary foundations and authentication. We will tackle the FREs dealing with foundational requirements for witness testimony (competency, personal knowledge, etc.). We will also look at the FREs covering foundational and authentication requirements for other evidence such as documents, photos and recordings.

Contact our office for the link to the Zoom meeting

12:00 Mountain
June 7, 2024

June 1st Friday Training -- The Busy Lawyer's Guide to Avoiding Common Evidence Traps

This presentation will examine some of the common evidence traps that criminal defense lawyers stumble upon and how to avoid them.  We will discuss the government's frequent misuse of evidence such as prior bad acts, coconspirator statements, impeachment by criminal conviction, and expert testimony.  We will also examine hearsay exceptions frequently exploited by prosecutors.

Contact our office for the link to the Zoom meeting

12:00 Mountain
July 5, 2024

July 1st Friday Training -- What Defense Attorneys Should Know About the Current JSIN Tool

Last year, the Commission released the Judiciary Sentencing Information tool, or "JSIN" and described the tool as "specifically developed with the needs of judges in mind." Since JSIN's initial release, there has not only been an increase in JSIN results in presentence reports and at sentencing, but the Commission has also made significant changes to the tool. In this presentation attendees will learn how JSIN works and the data it reports (and does not report), and how the tool has changed. We will explore JSIN's capabilities and limitations and discuss how the tool may affect defense strategies at sentencing (and beyond).

Contact our office for the link to the Zoom meeting

12:00 Mountain
August 2, 2024

August 1st Friday Training -- Hello, Goodbye, & Everything In Between: Communicating Ethically and Effectively with Our Client’s Loved Ones and Community Supporters

Using a compassionate approach, this training presents a nuts-and-bolts method to develop meaningful and ethical conversations with the loved ones of our clients. This presentation is designed to address the situations that you likely encounter in your practice, such as hostile family members on the phone, well-meaning loved ones and community supporters who can hurt your client's case, and distraught loved ones. Learn ways to handle these communications and share information without violating rules of professional conduct.

Contact our office for the link to the Zoom meeting

12:00 Mountain
September 6, 2024

September 1st Friday Training -- Challenging the Toxicology of Drug Cases Resulting in Death

The Winning Strategies Seminar - Virtual brings together a dynamic group of attorneys and other legal professionals to speak on a wide variety of topics, all specifically designed to keep CJA practitioners and Defenders abreast of the most recent and important developments in federal criminal defense. The anticipated sessions will include such topics as Police Body Worn Cameras, 2023 Sentencing Guideline Amendments, Developments in Federal Search and Seizure Law, Challenging the Toxicology of Drug Cases Resulting in Death, Apprendi Arguments re: ACCA's "occasion" clause post-Wooden, Supreme Court Update, Psychology of Trauma, and Ethics. This program took place on place on June 27 and 29. This virtual seminar included eight live presentations which were recorded.

Contact our office for the link to the Zoom meeting

12:00 Mountain
October 4, 2024

October 1st Friday Training -- Police Body Worn Cameras: Are We Really Seeing Everything

The Winning Strategies Seminar - Virtual brings together a dynamic group of attorneys and other legal professionals to speak on a wide variety of topics, all specifically designed to keep CJA practitioners and Defenders abreast of the most recent and important developments in federal criminal defense. The anticipated sessions will include such topics as Police Body Worn Cameras, 2023 Sentencing Guideline Amendments, Developments in Federal Search and Seizure Law, Challenging the Toxicology of Drug Cases Resulting in Death, Apprendi Arguments re: ACCA's "occasion" clause post-Wooden, Supreme Court Update, Psychology of Trauma, and Ethics. This program took place on place on June 27 and 29. This virtual seminar included eight live presentations which were recorded.

Contact our office for the link to the Zoom meeting

12:00 Mountain
November 1, 2024

November 1st Friday Training -- Culture, Individual Rights, and Tribal Sovereignty in Indian Country

Join us in celebrating Native American Heritage Month with a thought-provoking presentation that explores the intricate balance between culture, individual rights, and tribal sovereignty in Indian Country. This engaging discussion offers a unique perspective on the multifaceted legal and cultural dynamics that define Indigenous communities. Gain profound insights from a Native American leader, a former Ambassador of the Muscogee (Creek) Nation, one of the largest tribes in the United States, as well as a former public defender. He will share his personal experiences and expertise, shedding light on the crucial connections between culture, individual rights, and tribal sovereignty. This event is a must for criminal defense professionals seeking a deeper cultural understanding of Indigenous communities.

Contact our office for the link to the Zoom meeting

12:00 Mountain
December 6, 2024

December 1st Friday Training -- Immigration Consequences of Criminal Convictions

Fundamentals is designed for those new to federal criminal defense practice and addresses topics that you will likely encounter in your practice. This is the third part of virtual Fundamentals of Federal Criminal Defense. Part one took place on February 17 through May 12, 2021 (available with fd.org credentials here). Part two took place on January 19 through February 2, 2022 (available with fd.org credentials here). This third part of virtual Fundamentals complements the courses from the last two years, focusing on immigration consequences, relevant conduct under the Guidelines for firearms and drug cases, defending firearms cases (updated), and an update on Bruen and Rehaif developments.

Contact our office for the link to the Zoom meeting

12:00 Mountain