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Court Rejects Death Row Inmate Appeal
By San Francisco Chronicle
Published: 01/16/2006

The California Supreme Court turned down an appeal last week by condemned inmate Clarence Ray Allen, who argued that his scheduled execution next week would be cruel and unusual because of his advanced age and health problems.
The court's unanimous decision, issued without comment, means that Allen, the state's oldest Death Row inmate at 75, is running out of legal options to block his execution. Allen, who is legally blind and uses a wheelchair, ordered three murders from his prison cell in 1980.
Defense attorney Michael Satris said that he would explore other issues related to Allen's death sentence in the federal court system.
Allen's request for clemency by Gov. Arnold Schwarzenegger is pending. The governor will not hold a clemency hearing for Allen, but will instead review written arguments before deciding whether to spare Allen's life, his office says.
His attorneys have said Allen would be the oldest and sickest man California has ever executed, and the second-oldest to go to any U.S. death chamber in the last 30 years. Allen will turn 76 on the eve of his scheduled execution at 12:01 a.m. Tuesday at San Quentin State Prison.
Attorneys for the state have argued that Allen's crimes showed he was a menace even in prison, and that his age and illness should not spare him from his punishment.


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