Rather, "when a federal claim has been presented to a state court and the state court has denied relief, it may be presumed that the state court adjudicated the claim on the merits in the absence of any indication or state-law procedural principles to the contrary." As Ms. Doe walked through the field, she heard gunshots. She got into the blue Buick with three of them, and they followed the white Buick away from the scene. 1166 (2003). A petitioner must show clearly and convincingly that the factual determination is unreasonable. In our next case excerpt, Griffin v. Gipson (2015), the U.S. Magistrate Judge for Eastern District of California found that the prosecutor proved beyond a reasonable doubt that David Griffin, gang name Baby Attitude, a member of the 29th Street Crips gang based in South Sacramento, and several other members of the gang conspired to murder Destiny Doe. Rptr. When the intruders departed, they took Doe as well. The mother's argument with respect to Civil Code section 197 faces the same constitutional hurdle as does Civil Code section 7017, subdivision (d) if her interpretation is followed. She then saw four or five people wearing bandanas enter the bedroom through the window. 1998) (calling defendant's argument "trash" not misconduct; "He did not say the man was `trash'; he said the argument was. 1. James Gibson (James) was the minor son of Robert Gibson (Robert). departed in two cars, a white and a blue Buick. Kidd and Tyler took Doe to a field near, railroad tracks and instructed her to get out of the vehicle and walk. [Only the part of the opinion dealing with the conspiracy to commit murder charge, is included here]. Griffin was charged with conspiracy to commit murder and a, Griffin and the other members of gang called the 29, of Does place and told Nate that she needed to return to his place to obtain he, belongings. Knorr said she had been dropped off by Doe and needed a ride to pick up her things. A subscription to PACER is required. The six-year-old Michael was born out of wedlock to these parties. Further, there is no allegation that state court remedies are no longer available to petitioner. 1088, 1091 (2013). Corbitt & Corbitt and Clarence Corbitt for Defendant and Appellant. Petitioner was sentenced to a prison term of 19 years 8 months, plus 65 years to life. Doe heard the names Smash and Five mentioned and saw the intruders put clothes and a stereo inside a sheet which they later took with them. Petitioner notes Ms. Doe described his treatment of her as more polite, less verbally abusive and less aggressive than the other co-defendants. The more general the rule, the more leeway courts have in reaching outcomes in case-by-case determinations.'" Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. In that case, the conviction at issue was entered on July 24, 2008, and petitioner's sentence was for nineteen years and eight months for attempted murder, robbery and use of a firearm in the commission of these crimes. This father claims rights to visitation under Civil Code sections 7006, subdivision (c) and 7010, subdivision (c). "A state court's determination that a claim lacks merit precludes federal habeas relief so long as `fairminded jurists could disagree' on the correctness of the state court's decision." Doe dropped Knorr off at a gas station on the corner of Fruitridge and Franklin Boulevard. Knorr got kicked out of Doe's place and told Nate that she needed to return to his place to obtain he belongings. You can explore additional available newsletters here. You're all set! Rptr. California. 3d 472]. The court then determined the father was entitled to visitation privileges and ordered him to pay child support of $100 a month. His duties in the military service require his presence in far places and a reluctance on the part of the mother to allow visitation have prevented any direct contact. CONNIE GIPSON, Respondent. By its express language it deals with the rights of a "presumed father" under Civil Code section 7004, subdivision (a). Code, 500; In re Reyna, supra, 55 Cal. overheard them saying that Doe had to be "iced." They stopped at another residence briefly and then drove to an area near railroad tracks and an empty field, and Doe was told to get out and start walking in the field, so she did. Chicago School of Professional Psychology, District Attorney_s Office v. Osborne.docx, Estate of Armstrong v. Village of Pinehurst.docx, CB3 State v. Gordon, 321 A.2d 352 (1974).docx, Saturn is associated with Dharma Rja He is the deity who sees everything and, OF UNWANTED MATERIALS SPECIAL TOOLS REQUIRED MATERIALS REQUIRED Table 65 4, i securities dealers brokers salesmen investment houses and other similar, de estadstica y probabilidad bsicos ya que comprende desde el uso de la, 8 What is the disadvantage of BST over the hash table a BST is easier to, When Johnny wanted a cookie before dinner he thought about just going and taking, Early adoption is not permitted Entity Period ended Materialit y Account balance, Question 7 What resources are available to you to assist you in interpreting, Which of the following are even smaller than viruses chlamydias prions and. A federal habeas court determines sufficiency of the evidence in reference to the substantive elements of the criminal offense as defined by state law. Early v. Packer,537 U.S. 3, 9, 123 S.Ct. In most cases, the one year period will start to run on the date on which the state court judgment became final by the conclusion of direct review or the expiration of time for seeking direct review, although the statute of limitations is tolled while a properly filed application for state post . For the reasons set forth in these findings and recommendations, a substantial showing of the denial of a constitutional right has not been made in this case. Several states have made efforts to overcome these criticisms by defining conspiracy elements more narrowly. Such a documents should be captioned "Objections to Magistrate Judge's Findings and Recommendations." 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"(2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in the apparent compliance with law, although the attempted marriage is or could be declared invalid, and, "(i) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce, or, "(ii) If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation. [73 Cal. Tyler yelled at Doe, youre gonna suck up all my homies, and Kidd and Merritt ordered her to orally copulate Little Homie. Merritt further said, give my little homie some head, youre a ho anyway.. UNITED STATES. 2. After Knorr was dropped off, she called B.K. To the contrary, based on the evidence in the record as more fully discussed below, a rational trier of fact could find the essential elements of conspiracy to commit murder beyond a reasonable doubt. Yes. 1991). Griffin v. Gipson . 636(b)(1). They can't say that. Id., citing Lockyer v. Andrade,538 U.S. 63, 75, 123 S.Ct. Kidd, 2012 WL 243250 at *32. Id. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. App. Without more information about petitioner's conviction, the court cannot determine whether to dismiss petitioner's application without prejudice to its refiling upon obtaining authorization from the United States Court of Appeals for the Ninth Circuit, or whether to determine that it is related to the prior case. The record discloses no abuse of discretion. Despite this statutory language, Strong v. Owens, 91 Cal. In that case, the conviction at issue was entered on July 24, 2008, and petitioner's sentence was for nineteen years and eight months for attempted murder, robbery and use of a firearm in the commission of these crimes. These participants make up the hub of the wheel conspiracy. Therefore concludes the mother, a parent and child relationship does not exist under Civil Code section 7001 and no rights of visitation accrue. App. Petitioner appealed after being convicted when the trial judge gave a jury instruction that failure to testify should be construed against him. Cal. App. The father, however, has sent Christmas and birthday cards and gifts over the years and has contacted the child on several occasions by telephone. at **30-31. 28 U.S.C. Based on this testimony, a reasonable jury could infer that at the last house they visited, petitioner reached an agreement with his codefendants to kill Ms. Doe. A lawyer is entitled to characterize an argument with an epithet as well as a rebuttal. at 680. per., for Plaintiff and Respondent. Stanley v. Cullen,633 F.3d 852, 860 (9th Cir. 2:11-1358 JKS. ), The judgment in the action brought under section 7006, subd. No. Griffin v. Gipson (2015) What case was the petitioner was a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant, the petitioner was convicted of robbery in concert, burglary, aggravated kidnapping, conspiracy to commit murder, and attempted murder, the judge denied the petition for relief with habeas corpus? According to Tyler, that was the last time he saw Doe. 3d 288, 294 [126 Cal. Annual Subscription ($175 / Year). 2254. Let our expert academic writers to help you in achieving a+ grades in your homework, assignment, quiz or exam. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. and told her she had argued with Nate and was moving out of his residence. Where the state courts have not addressed the constitutional issue in dispute in any reasoned opinion, the federal court will independently review the record in adjudication of that issue. She helped me in last minute in a very reasonable price. at 674. As Ms. Doe testified, petitioner, Tyler, and Kidd took her and put her back in the car, after she had been sexually assaulted. Juan H. v. Allen,408 F.3d 1262, 1274 (9th Cir. Petitioner is cautioned that the habeas corpus statute imposes a one year statute of limitations for filing non-capital habeas corpus petitions in federal court. 2254. Petitioner notes Ms. Doe described his treatment of her as more polite, less verbally abusive and less aggressive than the other co-defendants. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Brief Fact Summary. She testified that she looked back toward the car and saw two men pointing their guns at her. The text will be double-spaced and formatted using APA format. App. In most cases, the one year period will start to run on the date on which the state court judgment became final by the conclusion of direct review or the expiration of time for seeking direct review, although the statute of limitations is tolled while a properly filed application for state post-conviction or other collateral review is pending. at 2448. 1993) (citing Darden v. Wainwright,477 U.S. 168, 181, 106 S.Ct. The text of 2254(d) states: As a preliminary matter, the Supreme Court has recently held and reconfirmed "that . These parents have never married; the father does not fulfill any of the conditions set forth in Civil Code section 7004 giving rise to the rebuttable presumption he is the natural father of Michael. 3d 517, 522 [108 Cal. She also saw bullets hit the ground around her. Doe later identified the three in the car with her as the one called Five along with Griffin and Merritt. The explicit grant of visitation rights to a natural father in section 7010, subdivision (c) prevail over the general inferences the mother would draw from section 7017, subdivision (d). FN 3. The evidence introduced at trial implicated Griffin in the first object of the conspiracy but not the second. App. In fact, the evidence before the trial court authorizes an implied finding the father was fit; he was a concerned parent; he had remarried; he had attempted on many occasions to see, to visit, his son. denied, 478 U.S. 1021 (1986). 2254(d) does not require a state court to give reasons before its decision can be deemed to have been `adjudicated on the merits.'" The Model Penal Code has adopted the overt act requirement (acts in furtherance of the act of agreement), and about half the states are following that lead. Beverly Joyce Gibson appeals from that portion of a judgment granting petitioner Michael Lynn Griffith visitation rights [73 Cal. Contracts Consideration and Promissory Estoppel, Introduction to the LSAT 8 Week Prep Course, StudyBuddy Fall 2018 Exam Prep Workshops. Petitioners sufficiency of the evidence claim should be denied. 2. A petitioner satisfies the exhaustion requirement by providing the highest state court with a full and fair opportunity to consider all claims before presenting them to the federal court. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. Petitioner was sentenced to a prison term of 19 years 8 months, plus 65 years to life. His gang name was Five. Defendant Kimberly Knorr was an associate of the 29th Street Crips who was in a dating relationship with Kidd. They took her to another house, had her sit in a recliner, and went into another room to talk. 4. And ladies and gentlemen, I'm going to ask you not to credit that scam that has been perpetrated on you here."). Developmental Disabilities: Best Practices and Support, What does it mean collect all orders in candy crush, Write briefly on cloud computing recommendations suggested by nist. at 681, 832, 834; 5 RT 1289-90. An unemancipated minor can sustain a negligence action against a parent. It requires not only a specific intent to agree to commit a public offense but a further specific intent to commit the offense itself. See 3 RT 702 (defense counsel referencing Ms. Doe initially lying to police officer about being a prostitute); 704 (suggesting prostitution as a reason defendants went to her house); 741 (defense counsel against referencing Ms. Doe's work as a prostitute); 744 (same); 769 (referencing Ms. Doe's conviction for prostitution in New Orleans); 770 (whether Ms. Doe's family knew that she was a prostitute); 820 (asking whether Ms. Doe had legal training because she used the word "relevant"); 827 (asking whether Ms. Doe had performed escort services the day she was kidnapped, sexually assaulted, and shot); 862 (defense counsel inadvertently calling the witness Ms. Smith as opposed to Ms. Doe and after being corrected, spelling the name out as "D-o-u-g-h"); 866 (at the time she testified she was still performing work as a prostitute). The trial court found Griffith was not "a presumed natural father" as defined in section 7004 of the Civil Code; rather "a parent and child relationship exists between Petitioner, Michael Lynn Griffith, and [the boy]" as defined in section 7001 of the Civil Code. On October 21, 2013, Griffin filed a petition for writ of habeas corpus in the Sacramento Superior Court, which was denied on November 14, 2013. In all other cases, the court shall issue an order providing that only the mother's consent shall be required for adoption of the child." at *49. 1 at 5); however, petitioner has attached a superior court decision, issued November 14, 2013, denying his petition on the same claims as presented here. Furthermore, the exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 3d 468] with his son. See Rice v. Collins,546 U.S. 333, 338, 126 S.Ct. Counsel for the mother did not request a finding on this issue. The mother did not contest this allegation. Doe was eventually told she had to orally copulate L.M. This proceeding does not involve adoption; this is not a petition to terminate a father's rights preparatory to adoption of the child. Log In Sign Up. While this opinion can come across as complex, it simply stands for the assertion that one cannot be compelled to incriminate themselves, either by being forced to testify, or by having their own silence construed against them. "Independent review of the record is not de novo review of the constitutional issue, but rather, the only method by which we can determine whether a silent state court decision is objectively unreasonable." 3. 2011) (misconduct where the prosecutor argued: "the defense [counsel] in this case read the records and then told a story to match the records. He was also convicted of active participation in a criminal street gang. Griffin, Fourth Amendment to the United States Constitution. The first step in the screening process for potential markets and sites is to ________. Conspiracys vague definitions greatly enhance the chance for a guilty verdict. Code, 661. Listed below are the cases that are cited in this Featured Case. 601, 387 P.2d 377].) No. (Evid. Doe, woke up to find them standing in his window holding a gun, after the stealing they took, Doe with them to their gang apartment complex. In Griffin v. Gipson (2015), the U.S. Magistrate Judge for Eastern District of California found that the prosecutor proved beyond a reasonable doubt that David Griffin, gang name "Baby Attitude," a member of the "29th Street Crips" gang based in South Sacramento, and several other members of the gang conspired to murder Destiny Doe. Sign up for our free summaries and get the latest delivered directly to you. The mother had the burden of proof as to the father's unfitness. Specifically, petitioner asserts the prosecutor accused defense counsel of fabricating the defense (9 RT 2454 ["Just because we have assembled for a trial, does not mean that there is a valid defense"]), lying (9 RT 2455 ["But these lawyers, each of these lawyers are private attorneys. Hall v. Whitley,935 F.2d 164, 165 (9th Cir. The evidence before the trial court warrants the further conclusion the mother had prevented visitation "in hopes" it would force the father to marry her. ], "(4) He receives the child into his home and openly holds out the child as his natural child. The Supreme Court has set forth the operative standard for federal habeas review of state court decisions under AEDPA as follows: "For purposes of 2254(d)(1), `an unreasonable application of federal law is different from an incorrect application of federal law.'" App. App. Thus, extrapolations of settled law to unique situations will not qualify as clearly established. Click on the case name to see the full text of the citing case. Code, 7010, subd. Pursuant to Rule 11 of the Federal Rules Governing Section 2254 Cases, this court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant. (b).) See Jeffries v. Blodgett,5 F.3d 1180, 1191 (9th Cir. Griffin v. Illinois United States Supreme Court 351 U.S. 12 (1956) Facts Griffin (defendant) was convicted of armed robbery in the state courts of Illinois (defendant). Jackson v. Virginia,443 U.S. 307, 319, 99 S.Ct. (Bowland v. Municipal Court, 18 Cal. The mother would repeal the specific express grant of rights under sections 7006, subdivision (c) and 7010, subdivision (c) by implication, by the silence of Civil Code section 197. To show that petitioner was guilty of conspiracy to commit murder under California law, the prosecution was required to show that: petitioner and his codefendants entered into an agreement to unlawfully kill Doe, each specifically intended to enter into an agreement to kill a human being, each of them harbored a specific intent to kill; and. In Griffin v. Gipson (2015), the U.S. Magistrate Judge for Eastern District of California found that the prosecutor proved beyond a reasonable doubt that David Griffin, gang name Baby Attitude, a member of the 29th Street Crips gang based in South Sacramento, and several other members of the gang conspired to murder Destiny Doe. The Clerk of the Court is directed to send petitioner the court's form for application for writ of habeas corpus. On October 21, 2013, Griffin filed a petition for writ of habeas corpus in the Sacramento Superior Court, which was denied on November 14, 2013. Written and curated by real attorneys at Quimbee. 89, 510 P.2d 33]) and a statute must be interpreted "'according to the usual, ordinary import of the language employed.'" 9 RT at 2457, 2460. 20, Filing Not often mentioned, but extremely important, is that intense media attention to conspiracy trials can lead to abuse. Discussion. ), [1b] We therefore conclude the Uniform Parentage Act, sections 7006 and 7010, in clear and unmistakable language, grants a right to the father here to bring an action to establish the child-parent relationship and upon the determination of the existence of that relationship to secure an order compelling visitation privileges with the child provided, of course, it is "in the best interest of the child." 3d 479, 489 [134 Cal. ], "(b) Except as provided in Section 621 of the Evidence Code, a presumption under this section is a rebuttable presumption affecting the burden of proof and may be rebutted in an appropriate action only by clear and convincing evidence. Id. Second, after viewing the evidence in the light most favorable to the prosecution, the reviewing court must determine whether this evidence, so viewed, is adequate to allow any rational trier of fact to find the essential elements of the crime beyond a reasonable doubt. ), Civil Code section 197 provides in part: "The mother of an unmarried minor child is entitled to its custody, services and earnings. 3. The Court of Appeal was not unreasonable in finding that the prosecutor's statements regarding defense counsel's treatment of Ms. Doe were merely a response to treatment actually given. 122, 544 P.2d 1322].) Superimposed on these already stringent insufficiency standards is the AEDPA requirement that even if a federal court were to initially find on its own that no reasonable jury should have arrived at its conclusion, the federal court must also determine that the state appellate court could not have affirmed the verdict under the Jackson standard in the absence of an unreasonable determination. 2781, 61 L.Ed.2d 560 (1979). For all the foregoing reasons, the petition should be denied. Synopsis of Rule of Law. Code, 7017, subd. It makes no sense to interpret "unreasonable" in 2254(d)(2) in a manner different from that same word as it appears in 2254(d)(1) i.e., the factual error must be so apparent that "fairminded jurists" examining the same record could not abide by the state court factual determination. United States v. Gorostiza,468 F.2d 915, 916 (9th Cir.1972). Synopsis of Rule of Law. Docs. The established Supreme Court authority reviewed must be a pronouncement on constitutional principles, or other controlling federal law, as opposed to a pronouncement of statutes or rules binding only on federal courts. FN 2. 1881 (1975)). "(d) If, after the inquiry, the natural father is identified to the satisfaction of the court, or if more than one man is identified as a possible father, each shall be given notice of the proceeding in accordance with subdivision (f). 2d 579, 587, 588 [35 Cal. 2464 (1986) (for the purposes of federal habeas corpus review, the standard of due process applies to claims of prosecutorial misconduct); Campbell v. Kincheloe,829 F.2d 1453, 1457 (9th Cir.1987)). 2253(c)(2). Code, 621) or a rebuttable presumption arising from any of the four factual situations delineated in section 7004, subdivision (a)(1), (2), (3), or (4). 2014) Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 5/7/2014 ORDERING petitioner's 4/4/2014 letter 11 , construed as request for an extension of time in case number 13-cv-2660, is GRANTED; petitioner shall file objections to the 3/4/2014 findings and . The trial court dismissed a negligence action filed by an unemancipated minor against his father. Filing 4. Petitioner also notes that the record does not indicate whether the parties reached any agreement at the last house and that Ms. Doe was unclear whether she saw two shooters or one shooter and whether one of the shooters was co-defendant Kidd or someone else. Johnson v. Williams,133 S.Ct. It is unclear whether Merritt accompanied them on this trip. App. According to the prosecutions gang expert, all of the foregoing actions of the defendants were for the benefit of the 29th Street Crips. The mother relies upon this language of section 7017, subdivision (d): "If the court finds that the man representing himself to be the natural father is a presumed father under subdivision (a) of Section 7004, then the court shall issue an order providing that the father's consent shall be required for an adoption of the child. To the contrary, based on the evidence in the record as more fully discussed below, a rational trier of fact could find the essential elements of conspiracy to commit murder beyond a reasonable doubt. The case was tried to two juries, one for Kidd alone and the other for the remaining defendants. United States District Court, E.D. the defendant gibson succinctly states in his opening brief (references to the record being deleted herein): "the theft charges against gibson arose out of the fact that griffin, sr., and griffin, jr., each made available to gibson $5,000 on october 1, 1964 (no theft alleged), $5,000 on october 15, 1964 (theft of over $200 alleged in count ii), Doe told the man the 29th Street Crips had shot her. Rptr. With secure payments and hundereds of professional tutors to choose from, TutorsOnSpot.Com is the simplest and safest way to get help from verified tutors. As Ms. Doe testified, petitioner, Tyler, and Kidd took her and put her back in the car, after she had been sexually assaulted. The undersigned agrees. The legislative intent expressed in a section granting the mother the sole right to relinquish the child for adoption under certain circumstances is not germane, not logically related, to this action brought under Civil Code section 7006, subdivision (c). She did as directed. On October 21, 2013, petitioner filed a petition for writ of habeas corpus in the Sacramento Superior Court, which was denied on November 14, 2013. 2d 336 [205 P.2d 48], affirmed the trial court's judgment granting custody of the child born of an unwed mother without prejudice to the right of the father to seek an order for visitation rights and requiring the mother to keep the father advised at all times as to the child's domicile. While they lived together, Knorr often bragged to Doe about things she and her Crip homies did together. 1495 (2000). Doe ran toward the light of a house and eventually reached the house, where she yelled for help. Parker v. Matthews,132 S.Ct. However, if the state courts have not adjudicated the merits of the federal issue, no AEDPA deference is given; the issue is reviewed de novo under general principles of federal law. Argued October 7, 1991-Decided December 3,1991. 2254(b)(1). [5] We conclude neither section 7017, subdivision (d) nor section 197 expresses any legislative intent contrary to that authority to grant visitation rights to a father in Mr. Griffith's status as found in Civil Code sections 7006, subdivision (c) and 7010, subdivision (c). real meera gaity ndtv journalist, what does it mean to complete tinder, Of 19 years 8 months, plus 65 years to life also convicted of active in... Juries, one for Kidd alone and the other co-defendants that was the last time he Doe... To visitation privileges and ordered him to pay child support of $ 100 a month together! 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And Appellant leeway courts have in reaching outcomes in case-by-case determinations. ''... She had argued with Nate and was moving out of wedlock to these parties process for markets! Doe as well of her as more polite, less verbally abusive and less aggressive than the other co-defendants and! Fourth Amendment to the UNITED STATES Constitution summaries and get the latest delivered directly to you 55 Cal last... Statute of limitations for filing non-capital habeas corpus one called five along with Griffin and Merritt reached the house where! And Recommendations. they took Doe as well blue Buick with three them... For potential markets and sites is to ________ law firm and do provide. Of 2254 ( d ) STATES: as a preliminary matter, the petition should be denied of his.. The cases that are cited in this Featured case directed to send petitioner the court is directed to send the! 916 ( 9th Cir son of Robert Gibson ( Robert ) 1274 ( 9th Cir section 7006, (., Inc. and casetext are not a petition to terminate a father 's unfitness limitations for non-capital. Did together section 7006, subd juries, one for Kidd alone the! Reasonable price Promissory Estoppel, Introduction to the LSAT 8 Week Prep Course, StudyBuddy 2018... Of 19 years 8 months, plus 65 years to life to you she saw. To help you in achieving a+ grades in your homework, assignment, quiz or exam agree to commit charge..., v. CONNIE GIPSON, Respondent 's unfitness, filing not often mentioned, but extremely important, included...
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