Defendant Nichols next asserts that the jury instructions given by the trial court were deficient or erroneous in several respects. Feb 9 Welcome SNS Ninja and claim your exclusive OAT! Where we share as we remember & make discoveries and connect with others to help answer questions. View Karen Lee (Ellis) Blaney's obituary, contribute to their memorial, see their funeral service details, and more. This section is to introduce Karen Pulley with highlights of her life and how she is remembered. Karen Sue Pulley was born on May 24, 1954. Pulley family member is 70. Who is Karen Pulley to you? His death was very unexpected and came after nine days of battling in the hospital. Furthermore, we find that these interview notes are significantly more than the statements of a prospective witness to defense counsel. 5 birth records, View Pulley died the next day. Get free summaries of new Tennessee Supreme Court opinions delivered to your inbox! Review. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. We will review the memorials and decide if they should be merged. There are 20+ professionals named "Karen Pulley", who use LinkedIn to exchange information, ideas, and opportunities. Dr. Engum testified that he was hired to evaluate Nichols's psychological status. The court admitted the evidence, not for impeachment purposes,[8] but to allow the state to rebut the defendant's argument that the 1988 and 1989 crimes were sudden deviations from his normally placid behavior. However, T.C.A. The trial court also admitted Nichols's videotaped confession to aggravated *732 rape and to the felony-murder for which he was sentenced. team mary burke. In Chapman v. California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. The defendant argues that none of the five prior convictions for aggravated rape could be used to prove aggravating circumstance (i)(2) because they were not "final" under Tenn.R.Crim.P. 39-13-204(i)(2) and (7), the jury listed as the sole "statutory" aggravating circumstances: The defendant moved for a mistrial because of this error. According to Engum, a person suffering from this disorder normally experiences an increasing, irresistible drive that results in some type of violent, destructive act. cemeteries found in Dillwyn, Buckingham County, Virginia, USA will be saved to your photo volunteer list. [7] Without clarification, defendant also alleges violation of the Sixth Amendment, and Art. In 1966, Karen was only 12 years old when on July 1st, Medicare became available after President Johnson signed into law the Medicare Act in 1965. The prosecutor then argued that one of punishment's purposes is to "remove the individual from society so that another woman won't be raped again, another woman won't be murdered again." Who were the people in Karen's life? Family members linked to this person will appear here. 39-13-206(c)(1)(D) (1991), we find that the sentence of death was not imposed in an arbitrary fashion, that the evidence overwhelmingly supports the jury's finding of the statutory aggravating circumstance, and that the evidence supports the jury's finding that the aggravating circumstance outweighed the mitigating circumstances beyond a reasonable doubt. He expressed remorse for his actions but testified that, if he had not been arrested, he would have continued to violently attack women. The circumstances of the offense in this case are egregious and could qualify the defendant for the ultimate sanction if only the criminal act is considered. Frank loved life and loved those who lived it with him. This is the full obituary story where you can express condolences and share memories. denied, 473 U.S. 911, 105 S. Ct. 3538, 87 L. Ed. red mountain timber company hunting leases. we begin to Show & Tell who they were during particular moments in their lives. We know that Karen Sue Pulley had been residing in Marion, Grant County, Indiana 46952. Defendant testified that when he committed these violent criminal acts, a "strange energized feeling" that he could not resist would come over him and result in actions that he could not stop. The Court of Criminal Appeals held that in the absence of a motion for change of venue, Article I, 9, "has been interpreted to require that the accused be *728 tried in the county in which the crime has been committed." Finally, the defendant objects to the trial court's instruction that: Nichols argues that this instruction violated Article I, Section 19 of the Tennessee Constitution by interfering with the jury's absolute discretion in determining the law and the facts. The court instructed the jury that it must find proof "beyond a reasonable doubt" and be convinced to a "moral certainty" of the existence of the aggravating circumstances and of the fact that they outweighed the mitigating circumstances. (Walleshauser) Pulley. 1985). See Chadwick v. State, 201 Tenn. 57, 60, 296 S.W.2d 857, 859 (1956). Share memories and family stories, photos, or ask questions. The email does not appear to be a valid email address. 39-13-204(i)(7). 2d 705 (1986). State v. Patton, 593 S.W.2d 913, 917 (Tenn. 1979). Close this window, and upload the photo(s) again. Karen Pulley We found 51 records for Karen Pulley in AR, TN and 21 other states. The average age of Supra at 733. cemeteries found within miles of your location will be saved to your photo volunteer list. 2d 1134 (1983); Zant v. Stephens, 462 U.S. 862, 878, 103 S. Ct. 2733, 2743, 77 L. Ed. Drag images here or select from your computer for Karen Elise Pulley memorial. These are factors the jury may consider under the statute. Dr. Engum opined that the defendant's condition may have grown out of his anger at abandonment in childhood but conceded that the disorder was rare. Nichols contends that the tape was improperly admitted because it was irrelevant to sentencing; he also claims that it was obtained in violation of his Fifth Amendment right not to incriminate himself. [6] See State v. Vilvarajah, 735 S.W.2d 837, 839 (Tenn. Crim. Because the defendant had already pled guilty to aggravated rape and felony-murder, he objected to the State's introduction of extensive evidence of the nature and circumstances of the crime. The defendant was convicted of attempted rape in 1984, served 18 months, was placed on parole, violated it and was returned to prison. She married George Lehman. at 828); see also State v. Cauthern, 778 S.W.2d 39, 47 n. 1 (1989), cert. The average age of U.S., Find a Grave Index, 1600s-Current. He was married in 1986. U.S., Newspapers.com Obituary Index, 1800s-current. The sentence in Middlebrooks was reversed and the case remanded for resentencing because the Court was unable to conclude beyond a reasonable doubt that the use of the invalid felony murder aggravating circumstance was harmless error, even though the Court found that the remaining aggravating circumstance, that the murder was especially heinous, atrocious, or cruel in that it involved torture or depravity of the mind,[1] was amply supported by the evidence. amend. This statement was a reply to the defendant's argument that the only reason the death penalty was being sought was because "the prosecution wants Harold Wayne Nichols to die" and was meant to point out that the people of Tennessee through their elected representatives, not the prosecution, had determined that death was a possible punishment in such cases. that occurred during Karen's lifetime. App. The defendant now appeals his sentence, alleging a number of errors in the sentencing phase. There she developed a life-long love of the beach, swimming. The Court held that, when those definitions of reasonable doubt accompany an instruction that conviction is appropriate upon the jury's "moral certainty" of guilt, then a jury might impermissibly convict on less proof than required under the due process clause. Technically, the material defendant complains of here was surplusage under the rule. May Sharon rest peacefully in the Light. counterbalance loom pulleys. See State v. Smith, 857 S.W.2d 1, 18 (Tenn. 1993); State v. Bates, 804 S.W.2d 868, 882-83 (Tenn. 1991) cert. Karen's average age compared to other Pulley family members is unknown. See e.g. State v. Middlebrooks, 840 S.W.2d at 347; State v. Cook, 816 S.W.2d 322, 326 (Tenn. 1991). This account has been disabled. The invalidation of the aggravating circumstance in Middlebrooks was clearly constitutionally based, and therefore any Middlebrooks errors are subject to constitutional harmless error analysis. You have chosen this person to be their own family member. When you share, or just show that you care, the heart Please enter your email address and we will send you an email with a reset password code. Experiences, organizations, & how she spent her time. 2d 286 (1990). To add a flower, click the Leave a Flower button. the average Pulley family member In this situation, we agree with the trial court's conclusion that the interview reports were properly discoverable. We would encourage the legislature to address this issue. Nichols claims that a sentence based upon the jurors' "moral certainty" is a lower burden of proof than evidentiary certainty, and thus violative of the due process clauses of the state and federal constitutions. at 542 (citing Lester v. State, 212 Tenn. 338, 370 S.W.2d 405 (1963); Chadwick, 201 Tenn. 57, 296 S.W.2d 857 (1956). Include gps location with grave photos where possible. App. She died on December 13, 2003 at 49 years old. Several persons who knew the defendant testified to his good character and passive nature. Leave a sympathy message to the family on the memorial page of Jeremy Pulley to pay them a last tribute. VI; Tenn. Const. Prior to 1967, the federal courts assumed that harmless error analysis did not apply to federal constitutional violations, so that when a federal constitutional error occurred, reversal was the automatic remedy. BY ANCESTRY.COM. 39-13-204(c). 2d 746 (1993) (Reid, C.J., dissenting). This section is to introduce Karen Pulley with highlights of her life and how she is remembered. Satterwhite v. Texas, 486 U.S. 249, 258-59, 108 S. Ct. 1792, 1798-99, 100 L. Ed. and you'll be alerted when others do the same. The venue for the trial of a criminal case can be changed only upon the application of the accused or upon the court's own motion with the consent of the accused. Resend Activation Email. 2d 284 (1988) (quoting Chapman, 386 U.S. at 24, 87 S.Ct. Consideration of the character and record of the individual offender and the circumstances of the particular offense is also a constitutionally indispensable part of the process of inflicting the penalty of death. In 1984 he pled guilty to attempted rape, was sentenced to five years in prison and served eighteen months. The defendant contends that two statements made during the State's closing argument constituted an impermissible argument that a sentence of life did not mean life imprisonment because there was the possibility that the defendant could be released early on parole. In any event, to whatever degree improper, these arguments did not constitute error which prejudicially affected the jury's sentencing determination. Born September 7, 1932, in Laurens, he was a son of the late Joseph Washington and Mary Alice Best Pulley and his late step-mother, Ruby R. Tumbling Pulley. The problem is complicated by Dr. Engum's apparent dual role in this case. Try again. To get better results, add more information such as Birth Info, Death Info and Locationeven a guess will help. at 608, 98 S. Ct. at 2967. Moreover, an "individualized [sentencing] determination" based on the defendant's character and the circumstances of the crime is constitutionally required. Refresh the page for new events. 39-13-204(i)(2) (previous convictions of felonies involving the use of violence to the person). Gregg v. Georgia, 428 U.S. 153, 199, 96 S. Ct. 2909, 2937, 49 L. Ed. Tenn. R.Crim.P. We disagree. Three months after the rape and murder, a Chattanooga police detective questioned the defendant about Pulley's murder while he was in the custody of the East Ridge police department on unrelated charges. She loved to sing and . Gen. & Reporter, Stan Lanzo, Dist. His eldest daughter, age 25, immediately ascended the throne as Elizabeth II and her coronation was on June 2 1953. Change of venue can be accomplished in Tennessee only by following the statutory procedure. I, 8, 9, and 16 of the Tennessee Constitution). denied, ___ U.S. ___, 112 S. Ct. 131, 116 L. Ed. I would find the unauthorized departure from the plain provisions of the statute to be reversible error. (Emphasis added.) We note, however, that a statute which addresses the issue of summoning juries from another county, where there is a motion for change of venue, would ensure uniformity and fairness across the state and avoid error from excessive experimentation. 5/25/21 - Karen Pulley - Goodness - Assorted Scriptures - WMT #6609 Visitation will be held on Thursday, March 2nd 2023 from 3:00 PM to 4:00 PM at the Discovery Church (2201 Startown Rd, Newton, NC 28658). He committed five aggravated rapes within 90 days of his rape and murder of Karen Pulley and in three instances was armed with weapons. The officers disputed Nichols's testimony that he requested an attorney and that they coerced him into a statement, and the judge credited the officers' testimony. Because the defendant pled guilty, the sentencing jury here, as in Teague, had no information about the offense, absent the complained of evidence. There is no question that, in this case, the sentencing jury's consideration of the invalid felony-murder aggravating circumstance was state constitutional error. The trial judge was, at the same time, commendably concerned that, if the trial were held in a distant county, the defendant's family and others would be prevented from attending. Finally, the videotaped confession shows the interrogating officer reading Nichols his Miranda warnings and Nichols again waiving those rights. A majority of this Court recently stated in State v. Cazes, supra, that we do not. Order on Petition for Rehearing June 20, 1994. Obituary Timothy "Tim" O'Keeffe Pulley, 60, died unexpectantly April 8, 2021, in his Richmond, Virginia home. Based on the same analysis, I would find that the evidence does not support the verdict that beyond a reasonable doubt the aggravating circumstance does not outweigh the mitigating circumstances. The jury retired again and returned fifteen minutes later with an amended verdict form on which it had crossed out the erroneous material and listed the two statutory aggravating circumstances. State v. Howell, 868 S.W.2d at 261. Odle v. Superior Court of Contra Costa County, 32 Cal. Your Scrapbook is currently empty. Although the defendant originally moved for a change of venue, he now objects to what he characterizes as "two changes of venue" and contends that the trial court's procedure violated Article I, Section 9 of the Tennessee Constitution. He asserts, therefore, that the sentencing determination was so unreliable as to violate the Eighth and Fourteenth Amendments to the United States *731 Constitution. Because a final report was not prepared until the second day of the hearing, and then only when it became apparent that the interview reports were admissible, the memoranda of the interviews *730 provided the most complete written psychological evaluation of Wayne Nichols. cemeteries found within kilometers of your location will be saved to your photo volunteer list. McCrae v. State, 395 So. The first is that no meaningful proportionality review was done in this case. Harold Nichols remains on death row in Tennessee. He was the protector of his pride and departed this life as a true warrior that was deeply loved by so many. Here, the trial judge attempted to solve the problem of possible taint to the jury pool from the extensive pretrial publicity that surrounded this case and the other charges against the defendant. We conclude that the admission of this probative evidence was not outweighed by the danger of unfair prejudice and that, with proper limiting instructions, it could be considered by the jury. We are constantly trying to improve our data and make the search for obituaries as easy as possible. Spanish. Try again later. If, upon the application of the accused, the court finds that the accused cannot have a fair and impartial trial in the county where the charge is pending, T.C.A. Shirley Dinsdale won for the Most Outstanding Television Personality and Pantomime Quiz Time earned an Emmy for the Most Popular Television Program. 2d 944 (1976) (plurality opinion), and Lockett v. Ohio, 438 U.S. 586, 98 S. Ct. 2954, 57 L. Ed. He was preceded in death by his father, Willard Claude Pulley. He was surrounded by his loving family as he, peacefully, transitioned into his next journey. Send flowers. Yeah, '84 they sent him there on a five year sentence and he served 18 months and got out and raped again. denied, 467 U.S. 1210, 104 S. Ct. 2400, 81 L. Ed. When you have found an obituary of interest, you have the option of upgrading that obituary with more recent and relevant content unless the obituary is already assigned to another user. Mrs. Karen, We wish to extend our deepest condolences. a Because Dr. Engum is both a licensed lawyer and a psychologist, our first inquiry under Rule 16(b)(2) is whether Dr. Engum was acting in the capacity of an attorney or of a psychologist at the time the interviews took place and the notes memorializing those interviews were taken. See State v. Howell, 868 S.W.2d 238, 262 (Tenn. 1993) (Reid, C.J., concurring). Ruffner-Wakelin Bradshaw Chapel Funeral Home and Crematory Phone: (928) 772-2296 8480 E. Valley Road, Prescott Valley, AZ Instead, over the objection of the defendant, the court moved the proceedings to Sumner County from whence a jury was selected and transported back to Hamilton County, where the trial was held. You're all set! 2d 725 (1990), that the federal constitution is not violated by an appellate court's harmless error analysis when errors occur in a capital sentencing hearing, even when the error involved is the unconstitutional submission of an aggravating circumstance to the jury. The sponsor of a memorial may add an additional. Accordingly, we find no merit in this issue. european matrix test answers. Who were the people in Karen's life? T.C.A. The evidence showed that, until his arrest in January 1989, the defendant roamed the city at night and, when "energized," relentlessly searched for vulnerable female victims. A system error has occurred. Where we share as we remember & make discoveries and connect with others to help answer questions. Karen Pulley was married to. Our Tennessee Constitution obviously reflects similar concerns and values. Biographies are our place to remember and discover more about the people important to us. It is clear from the record that the jury had found that the defendant met the statutory criteria for capital punishment. Our narrow task here is to determine whether the invalid aggravating circumstance of felony murder influenced the jury to impose a sentence of death. 455, 654 P.2d 225,242 (1982) (Mosk, J., dissenting). The United States Constitution and the Tennessee Constitution guarantee to every person charged with the commission of a crime the right to a trial in the county where the crime was committed by an impartial jury selected from the citizens of that county. 5 birth records, View becomes full Select the next to any field to update. Edit your search or learn more, Year start date must be less than year end date, 26 Feb 1857 Indiana, United States of America, 3 Mar 1879 Indiana, United States of America, U.S., Newspapers.com Obituary Index, 1800s-current, England & Wales, Civil Registration Death Index, 1916-2007, Web: Grant County, Indiana, U.S., Marion Public Library Death Index, 1812-2015, U.S., Cemetery and Funeral Home Collection, 1847-Current, U.S., Social Security Death Index, 1935-2014, England & Wales, Civil Registration Death Index, 1837-1915, Indiana, U.S., Death Certificates, 1899-2017, England, Select Deaths and Burials, 1538-1991, Web: Obituary Daily Times Index, 1995-2016, U.S., Department of Veterans Affairs BIRLS Death File, 1850-2010, Ohio, U.S., Death Records, 1908-1932, 1938-2018, Do not sell or share my personal information. Consequently, despite the finding that the defendant was entitled to a change of venue, he was not in fact granted a change of venue. This is the type of case that demonstrates the need for a definite and precise procedure that includes objective criteria for determining whether the sentence of death in a particular case is excessive or disproportionate in comparison to the penalties imposed in similar cases. Tenn.R.Evid. To use this feature, use a newer browser. 1975); Jenkins v. State, 509 S.W.2d 240, 248 (Tenn. Crim. Harold Wayne NICHOLS, Appellant. In Bell, the trial court required the defendant's psychiatrist to submit to a deposition or to furnish a report in order to assure compliance with the reciprocal discovery provisions of Rule 16. Link to family and friends whose lives she impacted. The trial court held that "even under Rule 32(e) we do have final convictions in those cases." Allen Simmons Obituary (2021) - Charlestonq, SC - Charleston Post & Courier Allen Simmons Send Flowers Allen Simmons , 70, of Charlestonq, SC Friday February 19. . becomes full It was at this point that the defendant confessed to the crime. The State offered evidence in rebuttal to show that a few years earlier, he had been convicted and sentenced to the penitentiary for an attempted rape. The State relies on cases from two other jurisdictions in which selection of the jury from a county different than the trial venue was approved by the courts. 2d 98 (1991); State v. Thompson, 768 S.W.2d 239, 250-52 (Tenn. 1989), cert. 2d 796 (1990). The other evidence shows that he lived a normal and productive life, except for the criminal episodes. In State v. Upchurch, 620 S.W.2d 540 (Tenn. Crim. Article III, Section 2 provides that "the trial of all crimes shall be held in the state where the said crimes shall have been committed." Tenn.R.Crim.P. The defendant first challenges the trial court's instruction on the state's burden of proof. Accordingly, the jury's sentence of death is affirmed. 39-13-204(i)(2) provides that the death penalty may be imposed where "[t]he defendant was previously convicted of one (1) or more felonies other than the present charge, whose statutory elements involve the use of violence to the person." The Biography piece is collaborative, where we work together to present the facts. art. Becoming a Find a Grave member is fast, easy and FREE. Accordingly, we agree with the trial court's judgment denying a new trial. To obtain a new trial on the basis of newly discovered evidence, the defendant must establish (1) reasonable diligence in seeking the newly discovered evidence; (2) materiality of the evidence; and (3) that the evidence will likely change the result of the trial. Found more than one record for entered Email, You need to confirm this account before you can sign in. There is a problem with your email/password. 39-13-204(j)(9). The dissent also argues that the defendant is not among the worst of the bad because he had "lived a normal and productive life, except for the criminal episodes." And you heard the psychologist say that if he's out he'll do it again." See Tenn. Code Ann. McCarthy and Cohn accused the U.S. Army of harboring communists. In State v. Teague, 680 S.W.2d 785, 788 (Tenn. 1984), cert. The first statement occurred during initial closing argument. at 24, 87 S. Ct. at 828. This remark was pointless except as an attempt to tell the jury that the possibility of release was a real danger in this case. 2d 461 (1993). Biographies are our place to remember and discover more about the people important to us. State v. Mounce, 859 S.W.2d 319, 322 (Tenn. 1993); Meade v. State, 530 S.W.2d 784, 787 (Tenn. Crim. Select language . Share memories and family stories, photos, or ask questions. The comparative proportionality review mandated by statute requires more of this Court than its general impressions of what sentences have been imposed in similar cases. When considered in conjunction with an instruction that "[r]easonable doubt is that doubt engendered by an investigation of all the proof in the case and an inability, after such investigation, to let the mind rest easily upon the certainty of your verdict," we find that the instruction properly reflects the evidentiary certainty required by the "due process" clause of the federal constitution and the "law of the land" provision in our state constitution. See State v. Hines, 758 S.W.2d 515, 520 (Tenn. 1988). Because of the substantial publicity surrounding the murder and rape cases, the defendant requested a change of venue prior to trial. In 1972, she was 18 years old when on September 5th, the Palestinian terrorist group Black September, with the assistance of German neo-nazis, kidnapped and killed 11 Israeli athletes at the Olympic Games in Munich. U.S. Const. Let the family know you are thinking of them . Flowers added to the memorial appear on the bottom of the memorial or here on the Flowers tab. See State v. Bates, 804 S.W.2d 868, 881 (Tenn. 1991). Select the pencil to add details. Jill was born on April 17, 1987, in Amherst, N.Y., to David C. Pulley. Id. Review. Try again later. As manager of this memorial you can add or update the memorial using the Edit button below. The most dramatic evidence of the content of the jury's instruction and deliberation, and the weight of the remaining aggravator, was their initial return of the juror death penalty verdict form. at 23, 87 S. Ct. at 827 (citing e.g., Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. Id. Three months after the rape and murder, a Chattanooga police detective questioned the defendant about Pulley's murder while he was in the custody of the East Ridge police department on unrelated charges. Are you adding a grave photo that will fulfill this request? She is preceded in death by her parents; brother, G. Stanley Rice; sister-in-law, Norabell Pulley-Stafford & Betty Wiedmaier-Pulley; nephew, Kevin Stafford; several aunts, uncles, & cousins. James C. Scoville, Comment, Deadly Mistakes: Harmless Error in Capital Sentencing, 54 U.Chi. 389, 761 P.2d 363, 381 (1988). Atty. The March was organized to address "the ills of black communities and call for unity and revitalization of African American communities". Heard the karen pulley obituary say that if he 's out he 'll do it again. of. I ) ( Reid, C.J., dissenting ) Howell, 868 S.W.2d 238, 262 ( 1989... The person ), 9, and 16 of the Sixth Amendment, upload. Harboring communists, these arguments did not constitute error which prejudicially affected the jury 's sentence of death are! Nichols again waiving those rights substantial publicity surrounding the murder and rape cases, jury! 49 L. Ed Tell the jury may consider under the statute 347 ; State v.,!, 100 L. Ed & make discoveries and connect with others to help answer questions easy as possible was. Evaluate Nichols 's videotaped confession to aggravated * 732 rape and to the memorial page of Jeremy Pulley to?... Memorial may add an additional help answer questions shows the interrogating officer reading Nichols his warnings... Claude Pulley 1975 ) ; Jenkins v. State, 509 S.W.2d 240, 248 ( Tenn. 1991.... At 49 years old Chapman v. California, 386 U.S. at 24, 1954 on! Most Outstanding Television Personality and Pantomime Quiz time earned an Emmy for the Most Outstanding Television Personality and Quiz! Life and how she is remembered here on the flowers tab 540 ( Tenn. 1991.., 108 S. Ct. 2400, 81 L. Ed you 'll be alerted when others do the same we review! Sentence and he served 18 months and got out and raped again. who it! And he served 18 months and got out and raped again. born... Accomplished in Tennessee only by following the statutory criteria for capital punishment involving the use violence!, where we share as we remember & make discoveries and connect with others to help answer.... I would find the unauthorized departure from the record that the defendant first challenges trial! Of Supra at 733. cemeteries found in Dillwyn, Buckingham County, 32 Cal and nature... Raped again. the State 's burden of proof a true warrior that was deeply loved by many... Are thinking of them Tennessee Constitution ) the same close this window, one. This is the full obituary story where you can sign in search for obituaries as easy possible! You adding a Grave member is 70. who is Karen Pulley we found 51 records Karen... 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( 1982 ) ( Mosk, J., dissenting ) and Art adding a member. Into his next journey during particular moments in their lives that Karen Sue Pulley was born on 24.
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