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January 17, 2006

California carries out first execution of 2006

elAs detailed in this Los Angeles Times article, "California prison officials executed 76-year-old murderer Clarence Ray Allen at the state prison here early today after his final appeal was turned down by the U.S. Supreme Court."  The LA Times article effectively reviews the issued that surrounded Allen's final legal appeals and request for clemency.  A lot more background on the case can be found in recent posts here and here.

Interestingly, as revealed in this order, the denial of Allen's appeal by the Supreme Court generated one dissent.  Justice Stephen Breyer, who has previously expressed his view that an extended stay on death row might be constitutionally problematic, had this to say in dissent from the rejection of Allen's appeal:

Petitioner is 76 years old, blind, suffers from diabetes, is confined to a wheelchair, and has been on death row for 23 years.  I believe that in the circumstances he raises a significant question as to whether his execution would constitute "cruel and unusual punishment." U. S. Const., Amdt. 8.  See Knight v. Florida, 528 U. S. 990, 993 (1999) (Breyer, J., dissenting from denial of certiorari); Elledge v. Florida, 525 U. S. 944 (1998) (Breyer, J., dissenting from denial of certiorari); Lackey v. Texas, 514 U. S. 1045 (1995) (Stevens, J., respecting denial of certiorari). I would grant the application for stay of execution.

UPDATE: Howard Bashman has collected more coverage of the Allen execution here.

January 17, 2006 at 04:54 AM | Permalink

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Comments

husband in jail to be sentenced 4 year stayed sentencing on 2nd violation (restitution was being paid)doesnt want prison, maybe jail to pay victums the bal. of restitution.

Posted by: patricia | Apr 26, 2007 4:42:32 PM

husband in jail to be sentenced 4 year stayed sentencing on 2nd violation (restitution was being paid)doesnt want prison, maybe jail to pay victums the bal. of restitution.

Posted by: patricia | Apr 26, 2007 4:42:39 PM

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