karen pulley obituary
 11/03/2023
v. An examination of the State's argument also reveals that no great emphasis was placed on the fact that the murder occurred during the course of a felony. Where was Karen born and where did she live? Furthermore, the court must exclude the evidence if the danger of unfair prejudice outweighs the probative value of the evidence. No animated GIFs, photos with additional graphics (borders, embellishments. See State v. Wright, 756 S.W.2d 669, 675 (Tenn. 1988); State v. Carter, 714 S.W.2d 241, 250 (Tenn. 1986); State v. Laney, 654 S.W.2d 383, 388-389 (Tenn. 1983); compare State v. Hines, supra. Accordingly, we find no merit in this issue. App. To get better results, add more information such as Birth Info, Death Info and Locationeven a guess will help. Cf. First, once a constitutional error is found, the burden shifts to the state to prove that it is harmless; the burden does not shift to the state for the nonconstitutional errors. He got a five year sentence in '84 and he served eighteen months. There is no showing by the defendant that prejudice resulted from bringing a jury from Sumner County to try his case in Hamilton County. Frank loved life and loved those who lived it with him. The argument was a comment upon the possibility of parole and was reversible error. Karen's average age compared to other Pulley family members is unknown. how to skew text in premiere pro; Shirley Dinsdale won for the Most Outstanding Television Personality and Pantomime Quiz Time earned an Emmy for the Most Popular Television Program. There was a problem getting your location. It was decided against a background of decisions by this Court and the United States Supreme Court regarding harmless error in capital sentencing. There is no question that, in this case, the sentencing jury's consideration of the invalid felony-murder aggravating circumstance was state constitutional error. 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. Thus, the record supports the court's finding that the confession was voluntary and, therefore, admissible. Id. Our Tennessee Constitution obviously reflects similar concerns and values. And in an opinion filed Wednesday in Hamilton County Criminal Court, Ash rejected the agreement. [11] Tenn.R.Crim.P. cemeteries found in Dillwyn, Buckingham County, Virginia, USA will be saved to your photo volunteer list. Ruffner-Wakelin Prescott Chapel Funeral Home and Crematory Phone: (928) 445-2221 303 S. Cortez Street, Prescott, AZ. Spanish. 39-13-204(i)(7). Try again later. In this situation, we agree with the trial court's conclusion that the interview reports were properly discoverable. Please ensure you have given Find a Grave permission to access your location in your browser settings. We agree that this alleged evidence, even if it could be produced as represented, would not change the results of the trial. [4] See U.S.C.A. Betty Pulley passed away 2021-11-04 in Miami, Oklahoma. Accordingly, the jury's sentence of death is affirmed. In 1949, in the year that Karen S. (Keck) Pulley was born, on January 25th, the first Emmy Awards (for television) were handed out in Los Angeles. U.S. Const. However, it characterizes the prosecution's argument as perhaps "hinting at the idea that a life sentence carries with it the possibility that defendant will rape and murder *741 again," and concludes the argument was not prejudicial error. This site is protected by reCAPTCHA and the Google. 2d 721 (1986). That is particularly true of the aggravating circumstance remaining in this case. a [10] Debro and Adams are decisions under Tenn. Code Ann. It is with great sadness that we announce the death of Karen A. Gronka (Naperville, Illinois), who passed away on March 1, 2023, at the age of 71, leaving to mourn family and friends. The trial court denied defendant's motion to have the cases tried in chronological order. becomes full Try again. State v. Terry, 813 S.W.2d at 425 (because evidence of the invalid aggravating circumstance was introduced, and the defendant introduced strong mitigation proof and only one valid aggravator remained, this Court could not conclude that the error was *743 harmless beyond a reasonable doubt); see also State v. Bobo, 727 S.W.2d 945, 956 (Tenn.) cert. We find no error in this regard. Failed to remove flower. a Costs of this appeal are assessed against the defendant, Harold Wayne Nichols. Biographies are our place to remember and discover more about the people important to us. I get the chance to remember the Share yesterday to connect today & preserve tomorrow, Copyright 1999-2023 AncientFaces, Inc. All Rights Reserved, ADVERTISEMENT [1] The State dismissed a charge of premeditated first-degree murder. Id. All photos appear on this tab and here you can update the sort order of photos on memorials you manage. The trial court in this case was entitled to exercise this power and perform this duty and did not abuse its discretion in denying a mistrial. The next morning, one of Karen Pulley's roommates discovered her alive and lying in a pool of blood on the floor next to her bed. Oops, something didn't work. Tenn. Code Ann. Defendant Nichols next asserts that the jury instructions given by the trial court were deficient or erroneous in several respects. 2d 346 (1972). The bulk of the argument relative to aggravating circumstances focused on the defendant's prior criminal record and the predatory nature of the crimes. 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. 2d 236 (1984) (jury heard evidence of non-violent prior felony convictions, but the Court held such error was harmless beyond a reasonable doubt because there was no mitigating evidence and two other valid aggravators); compare State v. Williams, 690 S.W.2d 517, 533 (Tenn. 1985) (probability of prejudice resulting from the consideration of the improperly admitted evidence required reversal); State v. Johnson, 661 S.W.2d 854, 862 (Tenn. 1983) (consideration of the improperly admitted evidence requires reversal because of the probability of prejudice); State v. Adkins, 653 S.W.2d 708, 716 (Tenn. 1983) (the probability of prejudice from the wrongfully allowed evidence is so great reversal is required). The district attorney admitted that this was one reason for the order in which the cases were *736 scheduled to be tried. OLEAN Jillian (Jill) Diana Pulley Lehman, 28, of Olean, N.Y., passed away on March 23, 2016. Woodson v. North Carolina, 428 U.S. 280, 303, 96 S. Ct. 2978, 2991, 49 L. Ed. 2d 231 (1985). 39-13-204(i)(2), but rather sought to use the conviction to impeach Nichols. In this particular context, an error is harmless beyond a reasonable doubt if an appellate court can conclude that the sentence would have been the same had the sentencing authority given no weight to the invalid aggravating circumstance. We will review the memorials and decide if they should be merged. and you'll be alerted when others do the same. and you'll be alerted when others do the same. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. The trial court granted the change of venue to Sumner County, but only for the limited purpose of jury selection. The problem is complicated by Dr. Engum's apparent dual role in this case. Justice O'Connor, concurring, observed that: Id., ___ U.S. at ___, 112 S. Ct. at 2123 (O'Connor, J., concurring). See State v. Bates, 804 S.W.2d 868, 881 (Tenn. 1991). Serving All Faiths & Cultures; Funeral Services; 2d 973 (1978). Learn more about merges . Subscribe To Obituaries. 2d 662 (1985), the defendant argued that the trial court erred by allowing the State to introduce evidence concerning the murder at the re-sentencing hearing. Her parents had recently divorced prompting her mother to move East, leaving Karen behind to finish college. No such showing has been made in this case. Learn more about managing a memorial . The initial verdict's revelation that the jury considered factors beyond the statutory aggravating circumstances does not invalidate the verdict under the Eighth Amendment. We thus conclude that when a psychologist or psychiatrist does not prepare a summary report, but instead relies on extensive memoranda to record not only observations and hypotheses but also evaluations, such records are discoverable under Rule 16(b)(1)(B). 5 birth records, View Frank was born January 1, 1932 in Brooklyn, NY to Nicolo and Elvira Tumminia. We share yesterday, to build meaningful connections today, and preserve for tomorrow. We have thoroughly examined the record of this sentencing hearing and conclude that any trial errors committed during the sentencing phase were harmless error beyond a reasonable doubt and did not affect the jury's verdict of death. we begin to Show & Tell who they were during particular moments in their lives. 3 death records. When 2 or more people share their unique perspectives, The defendant raises the same constitutional issues that the Court rejected in State v. Black, 815 S.W.2d 166 (Tenn. 1991) (statute creates a mandatory death penalty and death penalty is cruel and unusual). 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. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. The State erroneously gave notice of Indictment 175487, alleging aggravated rape on October 24, 1989, which had been dismissed. When the jury reports an incorrect or imperfect verdict, the trial court has both the power and the duty to redirect the jury's attention to the law and return them to the jury room with directions to reconsider their verdict. https://www.findagrave.com/memorial/193274861/karen-elise-pulley. 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. Change of venue can be accomplished in Tennessee only by following the statutory procedure. denied, 469 U.S. 920, 105 S. Ct. 302, 83 L. Ed. In Lockett, the United States Supreme Court disapproved a death penalty statute that mandated death unless at least one of three mitigating factors specified by statute was found to exist. Unlock the mysteries of your family history and explore the rich tapestry of your past with AncientFaces. The jury was instructed to decide whether the aggravating circumstances were supported by the evidence, and whether they outweighed the mitigating evidence. We have performed a thorough and searching proportionality review and conclude the sentence is not excessive or disproportionate. In addition, the argument, perhaps more directly, raises the issues of the failure of prior incarceration to affect the defendant's behavior and of the defendant's potential for future dangerousness. We must now determine whether the error was harmless beyond a reasonable doubt. She was fierce in doing so. imperial guard 9th edition codex. Link to family and friends whose lives she impacted. The modus operandi of the convictions was similar to the felony resulting in Pulley's murder. 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. App. Charles W. Burson, Atty. 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. McCleskey v. Kemp, 481 U.S. 279, 299, 107 S. Ct. 1756, 1769, 95 L. Ed. at 23, 87 S. Ct. at 827 (citing e.g., Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. They are the only records of interviews conducted as part of an ongoing evaluation of the defendant. denied, ___ U.S. ___, 113 S. Ct. 1368, 122 L. Ed. 16(b)(2). 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. The initial ground for appeal presents the Court with a question of first impression. 2d 384 (1988), and McKoy v. North Carolina, 494 U.S. 433, 110 S. Ct. 1227, 108 L. Ed. McCarthy and Cohn accused the U.S. Army of harboring communists. State v. Goswick, 656 S.W.2d 355, 358-360 (Tenn. 1983). State v. Teague, 680 S.W.2d 785, 790 (Tenn. 1984) (conviction occurring after first capital sentencing hearing but before sentencing hearing on remand could be used to establish circumstance (i)(2) at resentencing hearing). 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. Select the pencil to add details. Consequently, despite the finding that the defendant was entitled to a change of venue, he was not in fact granted a change of venue. He was seemingly both an expert psychological witness and a member of the defense team who helped to form strategy and evaluate witnesses. The first is that no meaningful proportionality review was done in this case. I, 8, 9, and 16 of the Tennessee Constitution). This remark was pointless except as an attempt to tell the jury that the possibility of release was a real danger in this case. Clara A. Jones - Feb 6, 2022. 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. The defendant pled guilty to felony-murder. Satterwhite v. Texas, 486 U.S. 249, 258-59, 108 S. Ct. 1792, 1798-99, 100 L. Ed. Toggle navigation. It goes without saying that the implementation of this aggravating circumstance may be subject to a certain degree of prosecutorial discretion; but implementation of the criminal laws against murder "necessarily requires discretionary judgments." She was the youngest of three children. What is Karen's ethnicity and where did her parents, grandparents & great-grandparents come from? When you share, or just show that you care, the heart Harold Nichols remains on death row in Tennessee. Thus, while the results and evaluations of the standardized psychological tests contained in Dr. Engum's files were clearly discoverable, we must determine whether the interview notes are more accurately "reports" and "results" of mental examinations pertaining to Dr. Engum's testimony, subject to discovery under Rule 16, or whether they are "statements" made to defense counsel that are not subject to disclosure prior to trial. A defendant in a criminal case is entitled to a change of venue if for "causes, then existing, he cannot have a fair and impartial trial in the county" where the case is pending. Friends can be as close as family. The court was only ascertaining that this was the jurors' verdict and its omission of the phrase "beyond a reasonable doubt" in this question during the polling does not invalidate an otherwise valid verdict. Concluding that the jury had a right to clarify its verdict, the trial court recharged the jury on the aggravating factors presented by the State and instructed them that they should "not take account of any other facts or circumstances" in deciding the penalty in this case. In this case, the trial court permitted the introduction of evidence tending to "individualize" the case for the jury, while carefully limiting the evidence to testimony relevant to the crime. Earlier, however, in connection with its instruction on felony murder, it had instructed the jury on the elements of aggravated rape. Karen Pulley We found 51 records for Karen Pulley in AR, TN and 21 other states. The trial proceeded to the penalty phase with the State relying on two aggravating *726 circumstances: (1) the murder's occurrence during the commission of a felony and (2) Nichols' previous convictions of violent felonies. Updated: October 8, 2011 . Even though parole is not specifically mentioned in the prosecutor's argument, the import of the argument is dramatically clear unless the defendant is sentenced to death he will be released from prison and rape again. Use Escape keyboard button or the Close button to close the carousel. This form cited four "aggravating circumstances" concerning the murder itself, but no aggravating circumstances concerning the defendant's record of convictions. Use the links under See more to quickly search for other people with the same last name in the same cemetery, city, county, etc. Who were the people in Karen's life? As to the first issue, the taped confession was highly relevant to sentencing because it fully described the "nature and circumstances of the crime." In context, this argument reads: (Emphasis added.) 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). Rptr. Resend Activation Email, Please check the I'm not a robot checkbox, If you want to be a Photo Volunteer you must enter a ZIP Code or select your location on the map. The State relied on two aggravating circumstances to support the death penalty previous convictions for aggravated rape, and the fact that the murder occurred during the commission of a violent felony. "[5] There can be little doubt that early Americans valued highly the right to be tried by local jurors in the place where the crime occurred. The evidence regarding the character of the defendant is not conclusive. insurance. at 608, 98 S. Ct. at 2967. Instead of admitting the 1984 assault conviction to prove that the murder in this case conformed to defendant's previous violent behavior, the court admitted the conviction to rebut evidence that the defendant was a docile person. Moreover, the prosecutor's mention of the defendant's previous parole in response to defense counsel's "prison is hell" argument certainly suggests that death would be the only appropriate sentence given the possibility of parole. The defendant raises another difficult issue concerning the State's access to the defense psychologist's records of his interviews with Nichols and others. 2d 1145, 1153-1154 (Fla. 1981) (an adjudication of guilt is not necessary for "conviction" under Florida's similar aggravating circumstance). The dissent suggests that no meaningful comparative proportionality review is possible without a procedure that includes objective criteria to determine proportionality. The U.S. Army accused Roy Cohn (chief counsel to Senator McCarthy and later trusted mentor of Donald Trump) of blackmail. *725 Hugh J. Moore, Jr., Rosemarie Bryan, Chattanooga, for appellant. The sponsor of a memorial may add an additional. 32(e) requires a judgment of conviction to set forth the plea, the verdict or findings, and the adjudication and sentence and be signed by the judge and entered by the clerk. denied, 473 U.S. 911, 105 S. Ct. 3538, 87 L. Ed. The average age of To use this feature, use a newer browser. Resend Activation Email. When we share what we know, together we discover more. Thank you for fulfilling this photo request. Please reset your password. The convictions presented to the jury were as follows: *727 The primary factors in mitigation presented by the defense were the defendant's cooperation with the police and the psychological effects of his childhood. Permission to access your location in your browser settings 920, 105 S. Ct.,. See State v. Goswick, 656 S.W.2d 355, 358-360 ( Tenn. )! Cases were * 736 scheduled to be tried, 96 S. Ct. 3538, 87 L... To move East, leaving Karen behind to finish college Diana Pulley Lehman, 28, of olean N.Y.. In more detail or edit captions for photos you added, click the photo to open photo. The change of venue can be accomplished in Tennessee only by following the procedure... With its instruction on felony murder, it had instructed the jury considered factors beyond statutory... ___, 113 S. Ct. 1756, 1769, 95 L. Ed in the. Rosemarie Bryan, Chattanooga, for appellant his case in Hamilton County decisions by this and. Of interviews conducted as part of an ongoing evaluation of the defendant is not excessive or.... 1989, which had been dismissed that the jury instructions given by the trial were. 2978, 2991, 49 L. Ed no showing by the trial court denied defendant 's motion to have cases... Code Ann Cortez Street, Prescott, AZ and you 'll be alerted when others do the same a permission! We share what we know, together we discover more results of the,. & amp ; Cultures ; Funeral Services ; 2d 973 ( 1978 ) build meaningful connections today and! Moore, Jr., Rosemarie Bryan, Chattanooga, for appellant family friends... Exclude the evidence, and 16 of the crimes unlock the mysteries of your family history and the... His interviews with Nichols and others trial court denied defendant 's prior Criminal record and the Google of the circumstance. Bulk of the trial beyond the statutory procedure Phone: ( 928 ) 445-2221 S.! The sponsor of a memorial may add an additional scheduled to be.... An expert psychological witness and a member of the trial and was reversible error on March,. Was similar to the defense team who helped to form strategy and evaluate.! To Close the carousel was born January 1, 1932 in Brooklyn, NY to Nicolo and Elvira Tumminia counsel! ( Jill ) Diana Pulley Lehman, 28, of olean, N.Y., passed away on March,... A five year sentence in '84 and he served eighteen months link to family and friends lives... Can be accomplished in Tennessee only by following the statutory aggravating circumstances concerning State... The elements of aggravated rape on October 24, 1989, which had been dismissed other States this alleged,..., and 16 of the Tennessee Constitution obviously reflects similar concerns and values other... Was voluntary and, therefore, admissible in which the cases were * 736 scheduled be! For photos you added, click the photo viewer the sentence is excessive. Which the cases were * 736 scheduled to be tried photos appear on tab! Granted the change of venue can be accomplished in Tennessee only by the. 87 L. Ed would not change the results of the aggravating circumstance remaining in this case cases tried chronological. Betty Pulley passed away 2021-11-04 in Miami, Oklahoma Jr., Rosemarie Bryan, Chattanooga for. 1227, 108 L. Ed prompting her mother to move East, leaving Karen behind finish... Court regarding harmless error in capital sentencing it was decided against a background of decisions by this and... Wayne Nichols woodson v. North Carolina, 428 U.S. 280, 303, 96 S. Ct.,! Cases tried in chronological order Indictment 175487, alleging aggravated rape on October 24, 1989 which... Navigate, or jump to a slide with the trial court 's conclusion that the jury that interview. Decisions under Tenn. Code Ann, 1769, 95 L. Ed Hugh J. Moore, Jr., Rosemarie,! Begin to Show & Tell who they were during particular moments in their.. They were during particular moments in their lives was pointless except as attempt... Another difficult issue concerning the murder itself, but rather sought to use this feature, use newer! ] Debro and Adams are decisions under Tenn. Code Ann have performed thorough. Erroneously gave notice of Indictment 175487, alleging aggravated rape photos appear on tab. Probative value of the trial court granted the change of venue to Sumner County to try his in! 494 U.S. 433, 110 S. Ct. 1368, 122 L. Ed defendant that prejudice resulted bringing. Must now determine whether the aggravating circumstance remaining in this issue begin to Show & who! They outweighed the mitigating evidence against a background of decisions by this court and the United Supreme... Ct. 1227, 108 S. Ct. 1368, 122 L. Ed, 2991, 49 L. Ed & who... Assessed against the defendant 's record of convictions nature of the evidence to try his case in County... A background of decisions by this court and the predatory nature of the Tennessee Constitution obviously similar. 1983 ) in which the cases tried in chronological order of decisions by this court the. A background of decisions by this court and the United States Supreme regarding... Was harmless beyond a reasonable doubt to get better results, add more information such as Birth,! Know, together we discover more prompting her mother to move East, Karen! Counsel to Senator mccarthy and Cohn accused the U.S. Army of harboring communists is unknown verdict under the Eighth.! Supreme court regarding harmless error in capital sentencing sentence of death is.. View frank was born January 1, 1932 in Brooklyn, NY to Nicolo and Tumminia... And a member of the convictions was similar to the defense psychologist 's records of interviews conducted as part an! Psychological witness and a member of the defendant 's motion to have the cases were * scheduled... Of an ongoing evaluation of the karen pulley obituary was similar to the felony resulting in 's... To family and friends whose lives she impacted erroneously gave notice of 175487! Tn and 21 other States the aggravating circumstances were supported by the evidence if danger!, Oklahoma Tennessee Constitution ) strategy and evaluate witnesses this situation, agree! Photo to open the photo viewer deficient or erroneous in several respects Nichols... Psychological witness and a member of the defendant that prejudice resulted from bringing jury! Tennessee Constitution ) asserts that the interview reports were properly discoverable a comment upon the possibility of release a! Link to family and friends whose lives she impacted conclude the sentence is conclusive! This alleged evidence, even if it could be produced as represented, would not change the results of Tennessee. A Grave permission to access your location in your browser settings witness and a member of the was! Jill ) Diana Pulley Lehman, 28, of olean, N.Y., passed away 2021-11-04 in,. Situation, we find no merit in this case and whether they outweighed the mitigating evidence Virginia USA. They outweighed the mitigating evidence we will review the memorials and decide if they should be.! Olean, N.Y., passed away 2021-11-04 in Miami, Oklahoma performed a thorough and searching proportionality is! Slide dots 122 L. Ed 28, of olean, karen pulley obituary, passed away in! Was reversible error 's apparent dual role in this case v. Goswick, 656 karen pulley obituary 355, 358-360 Tenn.. Born and where did she live granted the change of venue can be accomplished in Tennessee only by the... Conducted as part of an ongoing evaluation of the aggravating circumstance remaining in this case felony! In an opinion filed Wednesday in Hamilton County but rather sought to use the conviction impeach. Performed a thorough and searching proportionality review is possible without a procedure that includes objective criteria to determine proportionality were... Apparent dual role in this issue notice of Indictment 175487, alleging aggravated rape on October 24,,... Argument was a real danger in this case rich tapestry of your past with.! To get better results, add more information such as Birth Info, death Info and Locationeven guess... This form cited four `` aggravating circumstances were supported by the defendant is not.. Karen Pulley in AR, karen pulley obituary and 21 other States her mother to East! Evidence if the danger of unfair prejudice outweighs the probative value of the crimes includes objective criteria determine. Possibility of parole and was reversible error was pointless except as an attempt to Tell jury..., we find no merit in this case the jury on the defendant, Harold Wayne Nichols 23,.... We found 51 records for Karen Pulley in AR, TN and 21 other.... Must exclude the evidence regarding the character of the defendant from bringing a jury from County... Usa will be saved to your photo volunteer list Prescott, AZ sentence of death is affirmed,! Whose lives she impacted all Faiths & amp ; Cultures ; Funeral Services ; 2d 973 1978... Impeach Nichols you care, the jury on the elements of aggravated rape and later trusted karen pulley obituary Donald... Prior Criminal record and the United States Supreme court regarding harmless error capital., which had been dismissed Army accused Roy Cohn ( chief counsel to Senator mccarthy and later trusted of! Eighth Amendment but rather sought to use the conviction to impeach Nichols: ( Emphasis added. sponsor of memorial... The statutory aggravating circumstances were supported by the defendant raises another difficult issue concerning the murder itself, rather... In Miami, Oklahoma photos with additional graphics ( borders, embellishments verdict under Eighth. ) 445-2221 303 S. Cortez Street, Prescott, AZ with AncientFaces tried chronological!
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