Robinson did not argue the testimony was being elicited to explain Wissel's future investigative actions. Some people believe that Robinson is the first bonafide Internet serial killer. a. One week later, Robinson provided a similar story to his Missouri Parole and Probation Officer, Steve Haymes. Given that Robinson resided in and ran his businesses out of Johnson County, it is not surprising that the State's evidence overwhelmingly demonstrated that he carried out this common scheme or course of conduct almost exclusively within Johnson County. See State v. Harper, 9 Kan.App.2d 349, 35152, 676 P.2d 774 (a defendant's preparation to steal can reasonably support inference of specific intent for burglary), rev'd on other grounds 235 Kan. 825, 685 P.2d 850 (1984); State v. Holmes, 388 So.2d 722, 728 (La.1980) (jury could reasonably infer from defendant's planning and execution of robbery a specific intent to kill or inflict great bodily harm); People v. Youngblood, 165 Mich.App. 213439(a)(6), which defines the offense to include the intentional and premeditated killing of more than one person as a part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct. The counts were identical in charging the murder of a principal victim as one of multiple acts or transactions constituting parts of a common scheme or course of conduct in which other human beings were killed in a premeditated and intentional manner, to-wit: Beverly J. Bonner, Sheila Faith, Debbie Faith and Lisa Stasi. Count II charged Suzette Trouten as the principal victim and Count III charged Izabela Lewicka as the principal victim. Robinson suggests the prosecutor committed misconduct before another small group panel, composed of Jurors 82, 85, 87, 90, 92, and 95, when he asked Juror 82, And if I gave you a scenario of a hundred homicides, we'd be able to find differences in the facts and circumstances of all of them, right? Robinson's counsel objected, claiming the prosecutor was attempting to inject guilt phase facts into a discussion of mitigating and aggravating circumstances. Juror 202 also said he believed in defendant's right to be presumed innocent. The persons whose names Robinson forged read about the event in the newspaper and exposed Robinson as a fraud. The Court of Appeals panel in State v. Englund, 50 Kan.App.2d 123, 135, 329 P.3d 502 (2014), reached the same conclusion: When we consider K.S.A. Nancy testified that she met Robinson in 1963 in Oak Park, Illinois. The proponent of the writing must proffer evidence upon which a reasonable juror could conclude that the message is what it purports to be. 300 Kan. at 49. The court first decides whether the comments were outside the wide latitude a prosecutor is allowed, e.g., in discussing the evidence. We addressed the first and third grounds above and focus the following analysis on the remaining challenges. In questionnaire responses, Juror 115 expressed his belief that a life sentence for capital murder is only appropriate in jurisdictions without the death penalty. Brown later conducted a check-out inspection of Lewicka's apartment and noticed she had left behind a fish tank, microwave, and table. [John Robinson] always gave me this really weird, off-putting feeling in the pit of my stomach, she said to 20/20. During closing argument, prosecutor Morrison challenged Robinson's mitigation evidence by highlighting his use of fraud and deception to facilitate crime both inside and outside the prison environment. However, the trial court's memorandum decision addressed the motion to change venue under K.S.A. I would reverse the remaining capital murder conviction and remand for resentencing as a first-degree premeditated murder. These stories examined defendant's prior convictions, announced his identification in a police lineup, reported that he had been placed at the scene of the crime, and explained that the six murders were solved but petitioner refused to confess. 366 U.S. at 725. He was not attempting to implicate Nancy Robinson in her husband's criminal activity. In death penalty cases, prospective jurors may be excluded if their death penalty views substantially impair their ability to comply with the law. K.S.A. 272 Kan. at 1018. Judge Anderson explained that Juror 147 had been deferred on the first day due to Yom Kippur, but that he appeared on the second day and was assigned to the current panel for small group voir dire. However, as set forth in defendant's actual prejudice challenge, defendant failed to demonstrate any prejudice from the T-shirt and Olathe Daily News incidents giving rise to these motions. denied 520 U.S. 1217 (1997), abrogated on other grounds by Nunnery v. State, 127 Nev. Adv. A juror's use of or reliance on the Bible during penalty phase deliberations is not so uniquely influential that it warrants a finding of prejudice per se. Unlike his earlier e-mails, Tom signed this e-mail as MASTERthe same way this name/title appeared in Robinson's other e-mail communications, including Robinson's February 25 e-mail to Trouten and Jim Turner's April 27 e-mail to Remington. [Citations omitted . denied 302 Kan. (July 22, 2015). 60455, and Judge Anderson did not err in admitting the testimony under this statutory provision. The tools were not admitted as physical evidence. The court may conduct an additional examination. First, the aggravating circumstance at issue required a direct relationship between the murder and the risk of death to another. While Dillehay believed enhanced voir dire would be infeasible from an administrative perspective, Judge Anderson was undaunted, implementing the very type of voir dire process Dillehay described. 59 Cal.4th at 82728. Preliminarily, I address the State's argument that these rebuttal comments were proper because they were made in response to defendant's closing argument. Had the State included her murder in Count II or alleged the existence of a different common scheme or course of conduct in Count III, the situation would be different. 2954, 57 L.Ed.2d 973 (1978). Today, we need not, and do not, decide that juror misconduct necessarily results from the use of outside religious texts. For 15 years he was just Uncle John, until she learned he was a serial [T]he most serious charged offenses could not have been more severe or their potential consequences more irreversible. Carr, 300 Kan. at 82. In his motion to suppress and on appeal, Robinson argues K.S.A. He believes Judge Anderson denied them to penalize him for exercising his right to counsel of choice. The search warrants were issued by Special District Judge Don Work. Kansas statute provides a vehicle for defendants to move for the suppression of evidence seized in violation of law. He said he was a wealthy businessman and promised to support her, arranging for her to stay in a hotel. Robinson argues the record establishes but one theory: that Robinson's taking of Trouten was accomplished by his truthful statements regarding his desire to serve as her BDS & M master. This list included the mailing addresses and, for some, birthday information for Trouten's family members. The failure to do so is particularly troubling given that the prosecution occurred in Johnson County, but the bodies of Trouten and Lewicka were found in Linn County. Inherent in this wide latitude is the freedom to craft an argument that includes reasonable inferences based on the evidence. King, 288 Kan. at 351 (quoting State v. Pabst, 268 Kan. 501, 507, 996 P.2d 321 [2000] ). Robinsons brother Don and Dons wife raised Tiffany Stasi as their own, renaming her Heather Tiffany Robinson, unaware that Dons brother had allegedly murdered the childs mother. 1698 (2015). According to Helen Robinsons testimony, as described by CNN, the couple couldnt have children and felt it would take a long time to adopt through an agency or charity. 2. Bonner's alimony checks were mailed to this Olathe mailbox, and Robinson deposited them into joint bank accounts set up under his and Bonner's names. See Schoonover, 281 Kan. at 517; see also DeLuna, 763 F.2d at 908 (magistrate's knowledge from prior investigation of defendant would not cause a reasonable person to believe he was unable to impartially assess the existence of probable cause); People v. Curkendall, 12 A.D.3d 710, 714, 783 N .Y.S.2d 707 (no merit in claim that judge's former prosecution of defendant 14 years earlier on similar offense violated due process), leave to appeal denied 4 N.Y.3d 743 (2004). Glines was a former employee of Nancy Robinson, who maintained a long-distance relationship with Robinson by telephone and e-mail after she moved to California in 1997. From this language we can ascertain at least two separate elements that must be met before this iteration of capital murder has been committed. Contact us. John Robinson Obituary (2015) - Daphne, AL - AL.com Bonner's brother, Louell Heath, invited Bonner to his September 1995 wedding, but she did not attend. 222401a. Robinson said that the baby's name was Tiffany and that he received her through a private adoption for his brother. There was a soft, nylon rope tied around the head with a piece of cloth underneath covering the nose and mouth, which Pojman believed to be a blindfold that had slipped below the eyes. However, Zant predated Witt, where the Supreme Court rejected footnote 21 of Witherspoon as dicta. See Rapaport, A Modest Proposal: The Aged of Death Row Should Be Deemed Too Old To Execute, 77 Brook L.Rev. Scott argued the complaint was defective in failing to allege that he killed Douglas Brittain. Defendant's Challenge to Venue Instruction. Defendant relies on the same testimony cited in support of his challenge of Juror 271 on grounds that he would automatically vote for a sentence of death. Robinson next argues that K.S.A. 12, which provides: [I]f one or more jurors is not persuaded beyond a reasonable doubt that aggravating circumstances outweigh mitigating circumstances, then you should sign the appropriate alternative verdict form, and Instruction No. See Vrabel, 301 Kan. at 81314 (suppression of evidence not a remedy under K.S.A.2014 Supp. Izabela Lewicka was born in Poland and raised in Indiana. Taylor jokingly told Remington to ask Jim Turner whether he had any single friends interested in a BDS & M relationship. We address each challenge in turn. There the capital defendant argued the trial court erred in denying his request for a separate sentencing jury, resulting in prejudice because the same jury that heard his guilt phase also heard the penalty phase argument. 272 Kan. at 994. The question is whether they were exercising their powers as law enforcement officers in doing so. Marsh, 278 Kan. at 544; Kleypas, 272 Kan. 894, Syl. 2. There are very few questions in this case that are unanswered, very, very few. (Emphasis added.). ] State v. Garcia, 288 Kan. 761, 765, 207 P.3d 251 (2009); see State v. Royse, 252 Kan. 394, 397, 845 P.2d 44 (1993); State v. Moses, 227 Kan. 400, Syl. While safety concerns motivated the trial court's decision to use a juror number system in Brown, we also recognized that several other factors could justify use of such procedures, including that extensive publicity could enhance the possibility that jurors' names would become public and expose them to intimidation and harassment. 280 Kan. at 72 (identifying five common factors, including invasion of privacy from media); United States v. Krout, 66 F.3d 1420, 1427 (5th Cir.1995) (same). Defendant had already received a previous continuance. 366 U.S. at 72728. Moreover, by establishing that forensic investigators found no trace evidence, despite extensive investigation and the difficulty in removing blood from certain tools, Robinson demonstrated that Rundle's testimony gave rise to no adverse inferences. Because she's dead, because she's dead.. Suspicious of the postmark date, Carolyn Trouten called Robinson, who said Trouten had decided not to take the job. We agree with Judge Anderson that the comment exceeded the scope of the evidence. The aggravated Interference With Parental Custody conviction in the Stasi case was upheld. Where is John Robinson Now? - The Cinemaholic We begin with the search warrant statutes, which predate the legislature's enactment of K.S.A. 209 Kan. at 469. As discussed below, the prosecutor's use of the term recommended is consistent with the statutory language used to describe a capital jury's sentencing decision. Law enforcement officers had already issued subpoenas to defendant's telephone carriers and analyzed pen register data tracking calls from his home and cellular phone, but they needed to ascertain the substance of Robinson's conversations with the women he targeted to advance the goals of the investigation. As a preliminary matter, it should be clarified that Judge Anderson did not use an anonymous jury selection procedure in the true sense of that word, where juror identities are withheld from the public and parties alike. Robinson relies on United States v. Husted, 545 F.3d 1240, 1241 (10th Cir.2008). In response to the State's questions, Juror 324 confirmed her ability to set aside her personal view and decide the case on the evidence, follow the court's instructions, and acquit Robinson if the State failed to carry its burden of proof. The phrases use words in combination, not isolated definitions in combination, and, consequently, in common usage are more precise than the sum of their parts. See People v. Sanders, 11 Cal.4th 475, 539, 46 Cal.Rptr.2d 751, 905 P.2d 420 (1995) (no error in trial court's limiting hypothetical questions requiring jurors to provide advisory opinion based on preview of evidence). As for search warrants, applicants stated that they would not provide sufficient evidence to accomplish the goals of this investigation. Applicants defined those goals to include: a. This left only 7 prospective jurors on the final panel that defendant had challenged unsuccessfully on grounds of bias arising from exposure to pretrial publicity. First, since Morgan, the majority of federal appellate courts have rejected the notion that the Constitution mandates case-specific questioning during voir dire in capital proceedings. The California Supreme Court observed that a statute is applied retroactively only if it penalizes a crime completed before the law's effective date. 291 Kan. at 720. 8. Juror 336 said, It would make it difficult, but there are rules to follow. Asked whether she would consider the possibility of parole in arriving at a sentencing decision, Juror 336 said, I would still weigh the circumstances and there are rules to follow. There, defendant was convicted of a sex crime requiring him to register as a sex offender under Illinois law in 1993. 2516, 165 L.Ed.2d 429 (2006) (the Kansas capital sentencing system is dominated by the presumption that life imprisonment is the appropriate sentence for a capital conviction), and therefore, those veniremembers who would not presume a life sentence upon conviction for capital murder were not qualified to serve. The Court stated that a prospective juror may be excluded for cause because of his or her views on capital punishment where the juror's views would prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath. Kleypas, 272 Kan. at 991 (quoting Witt, 469 U.S. at 424). Did prosecutorial misconduct prejudice the jury selection process? 2031, 44 L.Ed.2d 589 (1975) (refusing to set aside the jurors' declarations of impartiality where the voir dire testimony did not reflect the wave of community hostility present in Irvin ). The same standard applies whether the challenge was directed at death-leaning or life-leaning jurors. When law enforcement officers searched Robinson's Olathe storage unit several weeks later, they found the e-mail addresses for all four recipients attached to the contact list Trouten had prepared with Chidester before moving to Kansas. Numerous state courts have adopted the same view. The logic of Kleypas does suggest that jurors who would consider evidence in mitigation only in the rarest and most exceptional circumstances are substantially impaired. The only difference between the exhibits is that the header information on State's Exhibit 11 shows the e-mail was sent from Remington's e-mail account and the header information on State's Exhibit 19EE shows the e-mail was received on Robinson's e-mail account. Robinson believes this testimony should be disregarded because prospective Juror 39 did not say she would assign some weight to all mitigation evidence. The report appeared to be signed by Dr. William Bonner, but he testified that he had never treated Debbie Faith, had not prepared the report, and had never had an office at the address identified in the document. 4. The court denied Robinson's challenge for cause, which was advanced solely on the ground of Juror 184's affiliation with the Overland Park Police Department. In Section VIII of the wiretap application, prosecutor Morrison and Detective Brown (Applicants) set forth allegations to satisfy the necessity requirement. The second problem is that lengthy delays undermine the death penalty's penological rationale, perhaps irreparably so. 135 S.Ct. After Trouten's disappearance, her mother and father each received a handwritten letter from their daughter describing her supposed departure on a trip of a lifetime. Prosecutor Welch then asked Cunningham whether he had prepared a written report, to which he answered, No, maam. Prosecutor Welch then asked, Were you asked by defense counsel not to write a report?, to which Cunningham again responded, No, maam.. Thus, we review a denial of continuance for abuse of discretion. However, Lewicka disappeared sometime in late summer or fall 1999. Each instruction informed the jury that, as one of the elements of the offense, the State had to prove the killing of Trouten or Lewicka, along with the killings of Bonner, Sheila Faith, Debbie Faith, and Stasi, were multiple acts or transactions constituting parts of a common scheme or a course of conduct.. He mentioned the letter on only one occasion, drawing no objection from the defense. Berrigan and O'Brien had served as counsel to Robinson for roughly 7 months prior to Thomas' withdrawal, and they had another 7 months to prepare thereafter, thanks to Judge Anderson's order granting Robinson's first continuance motion. Robinson argues this testimony, particularly Robinson's request to be set up with a good looking woman from Mexico, violated K.S .A. 1698 (2015), about giving credence to the Kansas founding fathers' choice to use the disjunctive or in 9 of the Kansas Constitution Bill of Rights. 222503); Lord v. City of Leavenworth, No. Bobby v. Mitts, 563 U.S. 395, , 131 S.Ct. Therein, he ordered that the identities and addresses of the jurors be maintained in strict confidence among the parties and that [a]ll jurors will be assigned a unique number which will be used to identify them throughout voir dire and the course of the trial. While prospective jurors were identified only by number to the public, their identities were known to the parties, and each prospective juror's name and address was disclosed in the questionnaire. See, e.g., Nichols v. Heidle, 725 F.3d 516, 556 n.34 (6th Cir.2013) (invited error applied to capital defendant's issue); United States v. Chandler, 996 F.2d 1073, 1084 (11th Cir.1993) (applying invited error to capital defendant's claim); Rogers v. State, 630 So.2d 78, 84 (Ala.Crim.App.1991) (The invited error rule has been applied equally in capital cases and noncapital cases.), rev'd on other grounds 630 So.2d 88 (Ala.1992); People v. Cummings, 4 Cal.4th 1233, 1326, 18 Cal.Rptr.2d 796, 850 P.2d 1 (1993) (applying invited error), cert. Was the complaint jurisdictionally defective? In late 1999 and early 2000, Trouten prepared for the move to Kansas and her upcoming travels. The First Circuit concluded that [w]e cannot assume, as the district court apparently did, that individual voir dire of the jurors and a curative instruction would not have eradicated the risk of prejudice in this case. 519 F.3d at 88; see Cross v. Specifically, during voir dire of this panel, the prosecutor explained, [T]he rules are going to say you shall consider [mitigating circumstances]. Did the prosecutor's suggestion that Debbie Faith witnessed her mother's death constitute prosecutorial misconduct? As set forth above, we review a district judge's denial of a challenge for cause for abuse of discretion. The parties had passed Juror 340 without challenge. Sheila and Debbie lived on Social Security and struggled financially. Robinson's counsel would explain that the 50yard line represented a person who had no exposure and formed no opinions based on the coverage. Rather, to commit capital murder under subsection (a)(6), I submit that the defendant had to kill more than one person after the enactment of the capital murder statute in order to fulfill the indispensable initial actus reus of the crime. 3. A party may not invite error and then complain of that error on appeal. Thoroughbred Assocs. While K.S.A.2014 Supp. Darling v. Kansas Water Office, 245 Kan. 45, 51, 774 P.2d 941 (1989). For the third step, the district court must apply the applicable rule or principle. 272 Kan. 894, Syl. All rights reserved. She agreed to meet him a Rodeway Inn in Overland Park, Kansas in January 1985, and she took her 4-month-old baby daughter Tiffany with her, The Tribune reported. The affidavit detailed law enforcement's extensive investigation of Robinson and described facts uncovered through the use of a variety of traditional investigatory techniques, including surveillance of witnesses and the defendant, warrantless trash searches, consensual searches, investigatory interviews, inquisitional subpoenas, and analysis of pen register data. The majority jumps the rails at the start of its journey by describing the capital murder charges as follows: The State charged Robinson with two counts of capital murder, one count for the intentional, premeditated murder of Suzette Marie Trouten (Count II) and the other for the intentional, premeditated murder of Izabela Lewicka (Count III). Slip op. 1. Specifically, Robinson highlights McClain's comment that Robinson was a master of the copying machine and that he knew defendant as a con man or shyster.. John Edward Robinson was born on December 27,1943. Stasi said they were claiming that Betty Stasi planned to take Tiffany away because Stasi was an unfit mother. To bolster its contention that the State can increase the penalty for a completed first-degree premeditated murder, i.e., after the murder has been committed, the majority resorts to cases from foreign jurisdictions that are not on point. Stasi said she might even get to travel as part of the job training program. That's as I said, this is a pattern that's gone on for years. Grissom was a territorial jurisdiction case, not a venue case. Q. The trial judge had the benefit of the Kleypas opinion at trial and included the following paragraph in the mitigating circumstances instruction, Instruction No. In the absence of the statutory equivalent to the federal exclusionary rule, we consider whether the legislature intended to create individual rights or remedies under K.S.A. Stettler did not maintain a current version of the software necessary to view the material electronically however, and it took him a month to find an independent lab to print the material for him. After Judge Anderson announced his ruling on the motion, the State mentioned it was developing a strategy for introducing evidence of Robinson's relationship with Beverly Bonner without alerting the jury that defendant met the victim, a prison librarian, while incarcerated. 386, 391392 (1798) (opinion of Chase, J . A trial court abuses its discretion where: (1) no reasonable person would take the view adopted by the judge; (2) a ruling is based on an error of law; or (3) substantial competent evidence does not support a finding of fact on which the exercise of discretion is based. State v. Bowen, 299 Kan. 339, 348, 323 P.3d 853 (2014). 2516, 165 L.Ed.2d 439 (2006). ). Beck v. Alabama, 447 U.S. 625, 63738, 100 S.Ct. However, K.S.A. Cf. John became an Eagle scout and supposedly traveled to London with some of the scouts and performed in front of the Queen in 1957. Instead, the prosecutor asked the question in a fact-neutral manner, Were you asked by defense counsel not to write a report? This allowed Cunningham to respond, No maam, dispelling any notion that defense counsel had instructed the expert not to prepare a written report. See State v. Bolin, 200 Kan. 369, 370, 436 P.2d 978 (1968) ( Generally speaking, of course, it is within the power of the legislature to define what acts shall constitute crimes.). The application describes with particularity reasons why infiltration by undercover agents was unlikely to succeed and was too dangerous, given Robinson's desire to solicit women to serve as slaves in BDS & M relationships and his connection to the disappearance of other missing women. The Eighth Amendment requires the sentencer, in all but the rarest kind of capital case, not be precluded from considering, as a mitigating factor, any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death. Lockett v. Ohio, 438 U.S. 586, 604, 98 S.Ct. Fed.R.Evid. 15. In this context, the best they can come up with remark was not an attempt to shift the burden of proof. Robinson, an award completely engineered by Robinson. When viewing the remarks together in context, we found the improper motive and effect of the comment was apparent. We apply the following standard of review to scope of voir dire challenges: Generally the nature and scope of the voir dire examination is entrusted to the sound discretion of the trial court. Robinson admitted engaging in a sexual relationship with Robinson that included a slave contract and videotape. Clampitt, another suspected victim, also worked for Robinson and went missing. Juror 87 testified that she had formed no opinion of guilt and could set aside all media reported facts in response to questioning from both parties. Judge Anderson's rulings limited inquiry only when it required prospective jurors to prejudge the penalty issue based on a general description of case-specific facts. However Robinson's first motion to change venue on Sixth Amendment grounds was pursued prior to voir direa point at which a claim of actual prejudice under the Sixth Amendment was premature. Based on the hypothetical, Juror 271was asked if he could realistically consider a life sentence. Here, defendant failed to show Juror 39 was exposed to or affected by the type of uniquely prejudicial information at issue in Yurk. Remington did just that, asking Robinson, posing as Turner, whether he knew of someone interested in serving as a master in a BDS & M relationship with her friend Taylor. Judge Anderson ruled that the defense had opened the door to the inquiry, which was properly calculated to elicit relevant evidence to impeach Nancy Robinson's opinion of Robinson's character as caring grandfather. In January 1999, just before the Deerfield Apartment lease expired, Robinson contacted Julie Brown, a manager for A.J. Robinson next challenges the district judge's ruling on Juror 202 because he held a mild preference for the death penalty in the event of conviction. 52) letter to this court, defendant cites the United States Supreme Court's most recent opinion addressing presumed prejudice, Skilling v. United States, 561 U.S. 358, 38185, 130 S.Ct. The State acknowledged the effect of this holding in its reply brief and admitted that consideration of the issue appears no longer necessary.. State v. OrtegaCadelan, 287 Kan. 157, 164, 194 P.3d 1195 (2008). See Darling v. Kansas Water Office, 245 Kan. 45, 5152, 774 P.2d 941 (1989). Accordingly, the death penalty's penological rationale in fact rests almost exclusively upon a belief in its tendency to deter and upon its ability to satisfy a community's interest in retribution. 135 S.Ct. In reversing the order granting a mistrial, the First Circuit found the district court had employed a legally incorrect presumption that curative instructions would be inadequate after the jury had embarked upon deliberations. 1. The prosecutor's remark suggested he personally felt one of the defense's arguments was insulting and astounding. The remark was an improper comment on the evidence. Also, we presume prospective jurors followed the district judge's instruction, and we agree with Judge Anderson that the remarks were not of the type or character immune to such curative measures. In March 2000, Remington told Taylor she had been communicating with Jim Turner, who she initially believed to be a friend of Trouten's employer, Robinson. Following his arrest in June 2000, Robinson was detained at the Johnson County jail for 22 months awaiting trial. During the State's rebuttal portion of the penalty phase closing, prosecutor Morrison argued: When the defendant cried, cried one time during this trial, he didn't cry when there was testimony about Lisa Stasi. The rulings were an appropriate exercise of lawful discretion and cannot be construed as retaliatory. The expert said his mother physically abused him, and blamed him for the death of his brother. Robinson used e-mail not only to conceal Trouten's disappearance, but also to lure Trouten's friends into new BDS & M relationships.
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