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| Allen Loses Clemency Appeal |
| By Associated Press |
| Published: 01/16/2006 |
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Clarence Ray Allen, California's oldest condemned convict, moved a step closer to death late Sunday when a federal appeals court here dismissed one of his final appeals. Barring a reprieve by the U.S. Supreme Court, Allen will be executed Tuesday morning, just minutes after his 76th birthday, following Sunday's decision by the 9th U.S. Circuit Court of Appeals. Attorneys for Allen, who's on death row for ordering the hits of three people at a Fresno market in 1980, claimed executing him would be unconstitutionally cruel and unusual because of his age and health problems. The San Francisco-based appeals court ruled against Allen "because he has not demonstrated substantial grounds upon which relief may be granted." Ward Campbell, a state prosecutor on the case, called the court's decision legally sound. "Mr. Allen's claims were not supported by any existing legal principles," Campbell said. Attorneys for Allen declined to comment Sunday on the appeals court decision. |
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