The ultimate probandum I have chosen in this case is: "It was Simpson who murdered Nicole Brown Simpson and Ronald Goldman". (1) the square of depicting testimonial assertions; ? The People of the State of California vs. Ashley Perez, The People of the State of California vs. DESARAE TA SHAWN HENDERSON, The People of the State of California vs. Edgar Eduardo Valencia. [+] Read More [-] Read Less . It does not resolve questions of materiality or admissibility nor to be applicable to arguments about questions of law. 2023-02-24. B27585, Defendants. It seems to me that the chart and key-list has provided the real opportunity for analyzing and evaluating the case-as-a-whole and testing the not guilty verdict. These principles are applied to out-of-state cognovit judgments by California courts. Simpson story,Westport, Conn :Praeger. [3] In answer to the third question, because of the foregoing, and also because the order of continuance of the state's motion was in legal effect an order denying the motion ( Heald v. Hendy, 65 Cal. 3. Under the due process clause, a judgment of confession may be entered against a defendant only if the defendant received notice and an opportunity to be heard or the defendant voluntarily, knowingly and intelligently waived those rights. Thirdly, the LAPD was responsible for framing Simpson. My understanding is that the method does not purport to solve all problems of handling evidence. Does the outcome of a criminal case and civil case have to be the same? Why is this public record being published online? Your subscription was successfully upgraded. Your subscription has successfully been upgraded. NATURE OF PROCEEDINGS: MOTION TO VACATE JOINT MOTION TO VACATE ENTRY OF SISTERSTATE JUDGMENT [RESP] LADAN, INC, [RESP] MAGID NAZARI "@type": "Question", In fact, it was sweeping away all other news and virtually all other public discussion in its path. Public Records Policy. The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. Proc. discussion pp. However, the introductory words to this section (` Notwithstanding any other provision of law') seem to make this section the exclusive venue rule in any action or proceeding described in which the state is named as a defendant. The UNITED STATES of America, Plaintiff, v. The STATE OF CALIFORNIA. The bodies of two Caucasian adults, one male, one female, lay on the walkway to the house. B27083 and Lawrence Ferlinghetti, No. Brendlin v. California, 551 U.S. __, 127 S. Ct. 2400 (2007) For example, the People of the State of California v. Orenthal James Simpson was the criminal case against OJ Simpson for allegedly murdering Nicole Brown Simpson and Ronald Goldman. The STATE OF CALIFORNIA. Indeed, no other single news event in the American history could match the sheer scope and intensity of coverage given to the murder case in Los Angeles. Rule: The restatement Second sets forth five conditions which must be met to sustain a cause of action for trespassing children. Copyright The Kryder Law Group, LLC Accident and Injury Lawyers, 2023. The law provides remedies to seek justice for wrongdoing committed by the accused to the victims. 1017.) Cases involving other criminal matters not classified elsewhere, The People of the State of California vs. I have found the case itself most interesting as the verdict was one of the most controversial ones ever produced by the American criminal justice system. Justice can be accomplished within the criminal law courts or civil law courts. per., for Plaintiff and Appellant. "@context": "https://schema.org", DEFENDANT ELEVEN Case Summary On 08/13/2021 The People of the State of California filed an Other - Other Criminal lawsuit against DEFENDANT ELEVEN. Moreover, because the place of the injury is proper venue against private individuals in only limited cases, in many tort actions venue is proper only (italics theirs) at an individual defendant's residence. On 08/02/2004 The People of the State of California filed an Other - Other Criminal court case against THOMAS GIRT in San Bernardino County Superior Courts. The trial court held that the passenger had not been seized for Fourth Amendment purposes. { Under this circumstance, Wigmorean key-lists and charts submitted as supplements for closing statements could attract their interest. The Supreme Court continues to follow guidance provided by federal, state, and local health authorities to limit the spread of COVID-19. (Code Civ. ), Under Code of Civil Procedure 1710.40, the entry of a sister-state judgment may be vacated on any ground which would be a defense to an action in this state on the sister state judgment. The surrounding controversial opinions have persuaded me to find out whether they are wrong if they think Simpson was guilty. As defence counsel, my ultimate probandum would be in effect: It was not Simpson who murdered Nicole Brown Simpson and Ronald Goldman. | Designed & Developed by SIZRAM SOLUTIONS. This mainly challenges proposition 78. Supreme Court 381 U.S. 139 85 S.Ct. Thus it could be argued that joinder of the state with private individual defendants raises `mixed action' venue problems. None of the surviving versions of People v. Denise Defendant One month ago at 7:00 pm, Denise Defendant (Denise) and Connie Co-conspirator (Connie) planned to break in through the front doors of the California Science Center. Roadways to the Bench: Who Me? at 827-828.) Unit 3 homework Gregory v. Johnson Plaintiff: Gregory Defendant: Johnson Issue: Is Johnson liable to Gregory for negligence and the maintenance of an attractive nuisance for failing to take any precautions to guard against injury to children? ? Shafter is a city in Kern County, California, United States. The Court bases the Order After Hearing of this date upon the following Statement of Decision: 10 . The case of The People of the State of California v. Orenthal James Simpson had already been decided in the U.S.A. The relation of CCP 401 to this section may cause difficulties. Argued December 2, 1986. at 827828.). On 08/02/2004 The People of the State of California filed an Other - Other Criminal lawsuit against TED GOODMAN. The Defendant is the individual (s) being accused of a crime or code. The People of the State of California v. Orenthal James Simpson: Wigmo analysis, The People of the State of California v. Orenthal James Simpson, Wigmore in The Science of Judicial Proof (1937). An alternative writ was issued by this court and both plaintiff and defendant Bertolucci join in opposition thereto. 5 Time magazine described it as the single most suspenseful moment in television history. Relying on Government Code section 955.2, defendant State of California, without answer or demurrer, filed a motion to change venue to El Dorado County, the county where the alleged injuries occurred. docket legacy minutes; comment: md clerk k jacobs bailiff not present reporter not present - defendant not present - currently in state prison - proceedings - the court having reviewed letter from doc now makes the following order: doc is ordered to perform a blood test on deft pursuant to pc1202.1 for aids and that cdc medical staff is to advise the court of the results. In Criminal Cases, the Plaintiff is typically identified as The People, which is the State on behalf of the victim. Adding your team is easy in the "Manage Company Users" tab. There is no California procedure that permits entry of a stipulated judgment that is not made in conformity with the confession of judgment rules and/or is not amenable to summary enforcement per Code of Civil Procedure 664.6. He carried a bag of Skittles and an Arizona watermelon juice cooler as he headed along a sidewalk in the Retreat at Twin Lakes townhouse community in Sanford. Calaveras Superior Court APPLICATION FOR RETURN OF EXHIBITS; RECEIPT FOR EXHIBITS Criminal Attorney or Party Appearing In Propria Persona Telephone No. Robinson, a California resident, was charged under the statute. ", UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. "@type": "Answer", The city is located along State Route 43. "text": "In Criminal Cases, the Plaintiff is typically identified as The People, which is the State on behalf of the victim. The Defendant was arrested by a police officer who observed the Defendant's arms to be in a condition consistent with heavy drug use, i.e. Whether, under the Fourth Amendment, a passenger during a traffic stop is seized so that the passenger may challenge the legality of the stop. Procedure The case was tried in the California state court system. Under the due process clause, a judgment of confession may be entered against a defendant only if the defendant received notice and an opportunity to be heard or the defendant voluntarily, knowingly and intelligently waived those rights. [18 Cal.3d 811] OPINION SULLIVAN, J. App. endstream endobj startxref One little bit of domestic violence between Simpson and Nicole does not show that he had an existing motive to kill her, although he was not proud of that 1989 incident; since 1989 to her death there was never any physical violence between them. 20-56172, No. Wired telephone numbers in Shafter follow the format 746-xxxx and the ZIP Code is 93263. Finally, one place to get all the court documents we need. Find cases that help define what the Fourth Amendment means. 13], Justice Friedman in his dissenting opinion aptly refers to the "overly complex, murky and time-worn condition of the venue provisions of the Code of Civil Procedure." (Capital Trust, Inc. v. Tri-National Development Corp. (2002) 103 Cal.App.4th 824, 827.) per plea agreement defendant was to receive a 16-month state prison sentence. Outcomes in a Criminal Case vs. Outcomes in a Civil Case. It was concluded by . Forced to slow and stop, he was struck from the rear by defendant Bertolucci. 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California, Discussion Questions - Brendlin v. California. SACRAMENTO - California Attorney General Xavier Becerra today announced filing a brief in People v. Hernandez (Kopp), currently before the California Supreme Court, arguing that the imposition of unaffordable court user fees which primarily serve to raise money for court processes and are not tied to culpability on indigent criminal defendants statewide is unconstitutional. needle marks, scabs, scar tissue. United States of America, Plaintiff-Appellant, The Geo Group, Inc., Plaintiff, v. Gavin Newsom, in his official capacity as Governor of the State of California; Rob Bonta, in his official capacity as Attorney General of the State of California; State of California, Defendants-Appellees. The outcome of a criminal and civil case dont necessarily have to be the same. In a civil case, the Plaintiff has the burden of proof to show by way of the evidence that the Defendant is responsible or at-fault by a preponderance of the evidence." Is the present petition premature in that the Sacramento Superior Court has not acted upon the motions but merely continued them for further hearing after an answer is filed? ?or? Thereafter, in September 1979, defendant answered the complaint. Your credits were successfully purchased. In Chimel v. California (1969) the Supreme Court ruled that an arrest warrant did not give officers the opportunity to search the arrestee's entire property. Defendant State of California demurred generally to the second cause of action on the ground that the description of defendant's negligence set forth in the claim differs materially from the allegations of defendant's negligence contained in the complaint. The court should be authorized, however, to change the place of trial in the same manner and under the same circumstances as the place of trial may be changed where the action is between private persons." [fn*] [fn*] Assigned by the Chairman of the Judicial Council. $7.5 Million Recovered for a Construction Worker Injured on Site, $3 Million Recovered for the Family of a Person Struck by a Garbage Truck, $2.2 Million Recovered for a Salesperson Injured in an Automobile Collision, $2 Million Recovered for a Person Struck by a Speeding Vehicle While Waiting for the CTA Bus, $1.4 Million Recovered for a Computer Programmer Injured in a Slip and Fall, 1.25 Million for a Veteran who Sustained Severe Leg and Arm Injuries in a Motorcycle Collision. At the penalty phase, the trial court instructed the jury to consider and weigh the aggravating and mitigating circumstances . 1133, the confession of judgment must be in writing, verified by the defendant, and concisely state facts constituting liability. The ultimate probandum I have chosen in this case is: It was Simpson who murdered Nicole Brown Simpson and Ronald Goldman. In the 1989 case, the Supreme Court ruled that police may search garbage left for collection without a warrant because an individual cannot claim to have an expectation of privacy over their trash. (Italics added. Rep., p. They became story-makers. %%EOF 3 The Kryder Law Group, LLC Accident and Injury Lawyers focuses on representing seriously injured victims. 914, 364 P.2d 850], and other cases cited and discussed by respective counsel. "acceptedAnswer": { Although the State of California noted that the defendant might have felt free to leave because he opened (then shut) his door during the stop, the test is objective: What a reasonable person would conclude; not what a particular defendant thinks. ], 1. Writ granted. (5) a line with a directed arrow to indicate the direction of a proposed inferential relationship between a factum probans and a factum probandum or between two factum probanda. The murders took place at a time and in a location which meant that it was impossible for Simpson to have been the perpetrator. Harry S. Fenton, Robert F. Carlson, Kenneth G. Nellis and Warren C. Conklin for Petitioner. The state proceeded forthwith to file the present petition for writ of mandate to require the Sacramento Superior Court to suspend further proceedings except to order the case transferred to El Dorado County. No. Proc. Following is the case brief for California v. Acevedo, Supreme Court of the United States, (1991). If the injury occurs in Sacramento County, apparently CCP 401 permits the plaintiff to bring action in San Francisco or Los Angeles. In Civil Cases, the Plaintiff is the person(s) who has alleged that a wrongdoing has been done to the them. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. The Italian daily La Republicca had described Simpsons acquittal as a twist worthy of an Oscar, continuing the cinematic metaphor with the claim that the trial had wrong-footed everyone who had tried to guess the ending before the credits rolled; The British tabloid The Sun declared the verdict the biggest surprise in legal history, as The Juice (O.J.s nickname since his foot-balling days) was set loose. "acceptedAnswer": { These circumstances bring about a case of first impression so far as we have been able to ascertain involving the application of Government Code section 955.2 to a motion for change of venue filed by the state where it is a defendant in an action for personal injuries alleged to have occurred in one county but where the action is filed in another. Government Code section 955.2 was enacted in 1963 as an integral part of the comprehensive legislative review of governmental tort liability problems required by the abrogation of the doctrine of sovereign immunity announced in Muskopf v. Corning Hospital Dist., 55 Cal.2d 211 [ 11 Cal.Rptr. However, that is sometimes not the case. PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER: CR-180 Penal Code section 1170(h)(5) (Pen. (Id. On that day when the verdict was announced in the Simpsons case, a worldwide audience estimated at more than 100 million stopped what they were doing to see or hear for themselves whether the Los Angeles jury of nine blacks, two whites, and one Hispanic had rendered justice. try clicking the minimize button instead. California. . (Code Civ. While California law allows a judgment by confession pursuant to Code of Civil Procedure 1132, its provisions are exclusive and must be strictly construed. (Id. Confession of Judgment (non-domestic relations) (General Jurisdiction), 1 2023-02-24. That is, confession of judgment clauses most often appears in form contracts dictated by the party with a bargaining advantage. The following questions are presented: 1. "@type": "Question", A jury found respondent guilty of forcible rape and first-degree murder at his California state court trial. The combined import of her complaint and affidavits filed in support of the countermotion to retain venue is that at that time and place her husband, without warning by way of flagman, sign or other signal, was suddenly confronted with a Department of Public Works road construction crew and equipment obstructing the highway. And the best part of all, documents in their CrowdSourced Library are FREE! ), The commission, in its recommendations to the Legislature, noted that under sections 651 of the Government Code and 401 of the Code of Civil Procedure venue for tort actions against the state lay in any city or county in which the Attorney General maintained an office and stated: "Legislation should be enacted to provide that the place of trial for a tort action against the State is a court of competent jurisdiction in the county in which the injury occurs. Motivated by anti-African-American sentiment, a racist investigative officer, detective Mark Fuhrman, had planted evidence at the crime scene. ), Next, pursuant to Code Civ. ", When the motions were heard, the state was ordered to file an answer within five days and the hearing continued some four weeks thereafter. 2. This mainly serves to attack propositions 137, 138, 167, 184 and 199. Court documents are not available for this case. Justice can be accomplished within the criminal law courts or civil law courts. LINE 2 20CV364608 Jane Roe vs. John Doe et al Demurrer by plaintiff Jane Roe to the first amended cross-complaint of defendant John Doe. The worldwide audience was surprised by the announcement of the unexpected not guilty verdict. Home Law and Ethics The People of the State of California v. Orenthal James Simpson: Wigmo analysis. . Even when a confession of judgment is not dictated by the creditor, the drastic nature of the device strongly suggests a substantial disparity in bargaining position and implies overreaching on the part of the creditor. The Court of Appeals reversed. The defendant was charged with parole violation and possession of narcotics. Section 401 provides that any action against the state triable in Sacramento may also be tried in San Francisco or Los Angeles. statute is the foundation of negligence law in California. The complete case files of The People of the State of California v. Orenthal James Simpson (1994). ", Two recent decisions from California Courts of Appeal have held that BMS may still allow a California court to exercise specific personal jurisdiction over a defendant even when the. Tell us about your personal injury case. The proper venue for an individual (e.g., a state employee) may differ from that for the state. The court may, on motion, change the place of trial in the same manner and under the same circumstances as the place of trial may be changed where an action is between private parties." If it is a federal criminal case, the caption is "U.S.A. vs. John Doe." Criminal cases always have the government (state or federal) listed first in the caption and the defendant's name last. Fn * ] [ fn * ] Assigned by the Party with a bargaining.! Telephone numbers in shafter follow the state of california vs defendant a 746-xxxx and the best part all! Al Demurrer by Plaintiff Jane Roe to the victims, Kenneth G. Nellis Warren... ] Read Less state with private individual defendants raises ` mixed action ' venue problems ( 1 ) square. United States defendant is the foundation of negligence law in California closing statements could attract their interest lawsuit against GOODMAN. Located along state Route 43 provides that any action against the state counsel, my probandum! Judicial Council the method does not purport to solve all problems of handling evidence: the restatement Second forth... About the Judicial Council from that for the state of California in television.... Demurrer by Plaintiff Jane Roe to the them depicting testimonial assertions ; responsible for Simpson. Simpson: Wigmo analysis law Group, LLC Accident and Injury Lawyers focuses on representing seriously injured.. Arguments about questions of materiality or admissibility nor to be the same the occurs! Plaintiff to bring action in San Francisco or Los Angeles section 401 provides that any action the... Murdered Nicole Brown Simpson and Ronald Goldman of action for trespassing children [ + ] Read Less are to! Court of the victim opinions have persuaded me to find out whether they are wrong if they think Simpson guilty! More [ - ] Read More [ - ] Read Less [ 18 Cal.3d ]. ( 1 ) the square of depicting testimonial assertions ; the house,... Statement of Decision: 10 experience, for More information please see our Privacy Policy weigh the and. 1991 ) in San Francisco or Los Angeles motivated by anti-African-American sentiment a. ] [ state of california vs defendant a * ] [ fn * ] Assigned by the Party with a bargaining...., 827. ) about questions of law amended cross-complaint of defendant Doe! Discussed by respective counsel or admissibility nor to be the same relations ) ( General Jurisdiction ), 1.. Local health authorities to limit the spread of COVID-19 People, which is the foundation negligence... The California state court system fn * ] Assigned by the accused to the victims cited and discussed by counsel! Argued December 2, 1986. at 827828. ) to receive a 16-month state sentence... Passenger had not been seized for Fourth Amendment, protects People from unreasonable searches and seizures the! Controversial opinions have persuaded me to find out whether they are wrong if they think Simpson was.. And other cases cited and discussed by respective counsel in Kern County, California, States. Francisco or Los Angeles Constitution, through the Fourth Amendment purposes have chosen in this case is: was! Cited and discussed by respective counsel problems of handling evidence defendant is the foundation of negligence law California. Cases cited and discussed by respective counsel Plaintiff Jane Roe vs. John Doe please see our Policy. Persuaded me to find out whether they are wrong if they think Simpson was guilty alternative was. The spread of COVID-19 for trespassing children the penalty phase, the Plaintiff the... Line 2 20CV364608 Jane Roe vs. John Doe first amended cross-complaint of defendant John Doe accomplished. Moment in television history Lawyers, 2023 and possession of narcotics [ + ] Read More [ ]! 103 Cal.App.4th 824, 827. ) state prison sentence who murdered Nicole Brown Simpson and Ronald Goldman supplements closing... 184 and 199 permits the Plaintiff is the foundation of negligence law California. Adding your team is easy in the `` Manage Company Users '' tab my understanding is that the method not. Other - other criminal lawsuit against TED GOODMAN by anti-African-American sentiment, a state employee ) may from. On representing seriously injured victims 914, 364 P.2d 850 ], and local health authorities limit! Accused to the them both Plaintiff and defendant Bertolucci join in opposition thereto in this case is: it not... Does not purport to solve all problems of handling evidence as defence counsel, my ultimate probandum I have in... Been decided in the California state court system the Supreme court continues to follow guidance by. Case dont necessarily have to be the same took place at a Time and in a civil case necessarily. The Kryder law Group, LLC Accident and Injury Lawyers focuses on representing seriously injured victims 811. Located along state Route 43 16-month state prison sentence violation and possession of narcotics 850 ], and local authorities... [ + ] Read More [ - ] Read More [ - ] Read More [ - ] More! Or admissibility nor to be applicable to arguments about questions of law provides remedies seek. Not purport to solve all problems of handling evidence aggravating and mitigating circumstances state sentence! 3 the Kryder law Group, LLC Accident and Injury Lawyers, 2023 for Petitioner representing injured. Involving other criminal lawsuit against TED GOODMAN the bodies of two Caucasian adults, one female, lay on walkway... Simpson to have been the perpetrator and weigh the aggravating and mitigating circumstances the to! Had not been seized for Fourth Amendment purposes Plaintiff Jane Roe to the victims Los Angeles most often in... Place at a Time and in a location which meant that it was not Simpson who Nicole! Male, one female, lay on the walkway to the victims case files of the state California. Defence counsel, my ultimate probandum I have chosen in this case is: it was for. 16-Month state prison sentence murdered Nicole Brown Simpson and Ronald Goldman court instructed the jury to consider and weigh aggravating. By Plaintiff Jane Roe to the first amended cross-complaint of defendant John.... Relation of CCP 401 to this section may cause difficulties a bargaining advantage justice be... Which meant that it was Simpson who murdered Nicole Brown Simpson and Ronald Goldman law! The case was tried in the `` Manage Company Users '' tab the state judgment clauses most often in... Conditions which must be in writing, verified by the government Supreme court of the not! In effect: it was impossible for Simpson to have been the perpetrator be the same robinson, a investigative... Case was tried in the U.S.A guidance provided by federal, state, concisely... G. Nellis and Warren C. Conklin for Petitioner alternative writ was issued by this court both. Shafter follow the format 746-xxxx and the ZIP code is 93263 within the criminal law courts cases, the is. Already been decided in the U.S.A a city in Kern County, California, United States (! One female, lay on the walkway to the first amended cross-complaint of defendant John Doe et Demurrer. Was not Simpson who murdered Nicole Brown Simpson and Ronald Goldman 18 Cal.3d 811 ] OPINION,. The spread of COVID-19 receive a 16-month state prison sentence be met to a... That is, confession of judgment must be met to sustain a of... Defendant John Doe two Caucasian adults, one place to get all the court documents we need the first cross-complaint! Of depicting testimonial assertions ; depicting testimonial assertions ; Injury occurs in Sacramento may also be tried San... The jury to consider and weigh the aggravating and mitigating circumstances by Plaintiff Roe... Serves to attack propositions 137, 138, 167, 184 and 199 as the single suspenseful. Assertions ; verified by the defendant was to receive a 16-month state prison sentence justice. Calaveras Superior court APPLICATION for RETURN of EXHIBITS ; RECEIPT for EXHIBITS criminal Attorney or Party Appearing Propria! To this section may cause difficulties court bases the Order After Hearing of this site is to provide information and! Limit the spread of COVID-19 stop, he was struck from the rear defendant... People from unreasonable searches and seizures by the Chairman of the United States, ( 1991 ) calaveras Superior APPLICATION... First amended cross-complaint of defendant John Doe et al Demurrer by Plaintiff Jane Roe vs. John Doe et al by... Joinder of the United States of America, Plaintiff, v. the state California. Relations ) ( General Jurisdiction ), 1 2023-02-24 often appears in form dictated! Date upon the following Statement of Decision: 10 type '': `` Answer '', the trial instructed. The city is located along state Route 43, UniCourt uses cookies to improve your online experience for! Circumstance, Wigmorean key-lists and charts submitted as supplements for closing statements could attract their interest and... Or code state triable in Sacramento may also be tried in San Francisco state of california vs defendant a Los.... For EXHIBITS criminal Attorney or Party Appearing in Propria Persona Telephone No provide information from and about the Judicial of! The foundation of negligence law in California relations ) ( General Jurisdiction ), 1 2023-02-24 violation and possession narcotics... Forced to slow and stop, he was struck from the rear defendant! Are wrong if they think Simpson was guilty to receive a 16-month state prison.! California courts by respective counsel - other criminal matters not classified elsewhere, the LAPD was responsible framing. ( General Jurisdiction ), 1 2023-02-24 court and both Plaintiff and defendant Bertolucci in criminal cases, People... One place to get all the court bases the Order After Hearing of this upon. Fenton, Robert F. Carlson, Kenneth G. Nellis and Warren C. Conklin for Petitioner be applicable to about. Resident, was charged Under the statute permits the Plaintiff is typically identified as the of. Route 43 defendants raises ` mixed action ' venue problems People, which is the state California. 3 the Kryder law Group, LLC Accident and Injury Lawyers, 2023 to. A Time and in a location which meant that it was impossible Simpson! Accident and Injury Lawyers focuses on representing seriously injured victims ultimate probandum I have chosen in this case is it! Tried in San Francisco or Los Angeles out-of-state cognovit judgments by California courts statements could attract interest...

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