
    No. 05-8639 (05A639).
    Allen v. Ornoski, Acting Warden.
   Sup. Ct. Cal. Application for stay of execution of sentence of death, presented to Justice O’Connor, and by her referred to the Court, denied. Certiorari denied.

Justice JBreyer,

dissenting.

Petitioner is 76 years old, is 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 punishmen[t].” U. S. Const., Arndt. 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) (same); Lackey v. Texas, 514 U. S. 1045 (1995) (Stevens, J., respecting denial of certiorari). I would grant the application for stay of execution.  