ATCH05 Unit: $$U1 [01-17-06 08:56:21] PGT: MILES1 GALLEYS �

Cite as: 546 U. S. ––– (2006) 1

Breyer, J., dissenting

SUPREME COURT OF THE UNITED STATES No. 05A639 (05–8639)

CLARENCE R. ALLEN v. STEVEN W. ORNOSKI, ACTING WARDEN

on application for stay and on petition for writ of certiorari [January 16, 2006] The application for stay of execution of sentence of death pre- sented to Justice O’Connor and by her referred to the Court is denied. The petition for a writ of certiorari is denied. Justice Breyer dissenting. Petitioner is 76 years old, blind, suffers from diabetes, is con- fined 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 certio- rari); Elledge v. Florida, 525 U. S. 944 (1998) (Breyer, J., dissent- ing 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.