However, such evidence is admissible for other material purposes, including proof of identity. In August 2008, he said, he went to the scene and stayed there for 12 hours conducting his examination. Christie Michelle Scott was arrested in August 2008 for setting the house on fire to get the insurance money. Such a recommendation is to be treated as a mitigating circumstance. P. Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. We went to my room and went to bed. Evid., we would find that evidence was correctly admitted for the following reasons. Join Facebook to connect with Christie Michelle and others you may know. All that is required is that the court consider the evidence, whether it is found to be mitigating is within the discretion of the court. The trial court erred in denying GM's challenges for cause as to the five veniremembers related to attorneys in this case.. Scott asserts that because the record showed probable prejudice in regard to juror A.K., the circuit court erred in denying her motion to remove A.K. [L.H. We cannot find error in the circuit court's assignment of little weight to the victims's family's wishes given that they disagreed with the jury's finding of guilt and that they were also Scott's family. Find (C.R. WebJeremy Scott told jurors Friday in his wife's capital murder trial that she did not start the 2008 fire that killed their 6-year-old son, Mason. 404.2K Followers. It is permissible in every criminal case to show that there was an influence, an inducement, operating on the accused, which may have led or tempted him to commit the offense. McAdory v. State, 62 Ala. 154 [ (1878) ]. Nickerson v. State, 205 Ala. 684, 685, 88 So. indicated that he was biased based on his knowledge of the case. Conley v. State, 354 So.2d 1172, 1179 (Ala.Cr.App.1977). denied, 387 So.2d 283 (Ala.1980). As the Alabama Supreme Court stated in Bethea v. Springhill Memorial Hospital, 833 So.2d 1 (Ala.2002): The application of a harmless-error analysis to a trial court's refusal to strike a juror for cause is not new to this Court; in fact, such an analysis was adopted as early as 1909: The appellant was convicted of the crime of murder in the second degree. Web1. This was a crime related to setting the house on fire and insurance money, which eventually resulted in her sons death. Baker v. State, 906 So.2d 210 (Ala.Crim.App.2001).. The circuit court's order was consistent with the provisions of 13A547(e), Ala.Code 1975, and with our holding in Harris v. State, 2 So.3d 880 (Ala.Crim.App.2008). State v. Steffes, 500 N.W.2d at 61112 n. 3. [Defense counsel]: Objection as to what may happen, Your Honor. Therefore, the appellant's argument is without merit.. Wilson v. State, [Ms. CR070684, March 23, 2012] So.3d , (Ala.Crim.App.2012) (opinion on return to remand). This three-part analysiswhich weighs culpability, materiality, and prejudiceis what the Alabama Supreme Court seems to have employed in Ex parte Gingo. She testified that she had seen Scott yell at Mason and handle him firmly. Scott did not object to Franks's testimony. Ex parte Carroll, 852 So.2d 833 (Ala.2002), outlines as factors in determining whether to override a jury's recommendation. Christie graduated from the University of Louisville School of Medicine in 1984. The law can never limit the number or kind of such indications . Johnson v. State, 17 Ala. 618, 624 (1850). WebView the profiles of people named Christie Scott. denied, 464 U.S. 1047, 104 S.Ct. Testimony was given that [Scott] had helped people throughout her life and had performed good deeds. See Giles v. State, 632 So.2d 568, 574 (Ala.Cr.App.1992). Because a defendant has no right to a perfect jury or a jury of his or her choice, but rather only to an impartial jury, see Ala. Const.1901 6, we find the harmless-error analysis to be the proper method of assuring the recognition of that right. Rule 16.5, gives a trial judge a number of options to consider in imposing sanctions on a party who has failed to comply with the court's discovery order. Pettway v. State, 607 So.2d 325, 330 (Ala.Cr.App.1992) (quoting Clifton v. State, 545 So.2d 173, 178 (Ala.Cr.App.1988)). for cause because, she argues, K.B. And, secondly, he wrote on his questionnaire he had no confidence in the Russellville Police Department, and we've made it a point to strike all the people that had no confidence in law enforcement., (R. A juror need not be excused merely because [the juror] knows something of the case to be tried or because [the juror] has formed some opinions regarding it. Kinder v. State, 515 So.2d 55, 61 (Ala.Cr.App.1986). See Hunt, supra. The State responded that it had only learned in April 2009 that the outlet receptacles were missing and that dismissal of the charges was not the appropriate remedy. The trial court in its charge to the jury shall explain any break in the chain of custody concerning the physical evidence.. Did you have anything? The Court finds that this is a mitigating factor and gives it is due weight. [1520] 1538 [170 L.Ed.2d 420 (2008) ], and noted that [a] State with a lethal injection protocol substantially similar to the protocol we uphold today would not create a risk that meets this standard. Baze, [553 U.S. at 61], 128 S.Ct. A good portion of Scott's testimony was inconsistent with the testimony of numerous State witnesses. 1128.) See also Mason v. State, 259 Ala. 438, 66 So.2d 557 (1953); and Govan v. State, 40 Ala.App. The television had been plugged into outlet number 5. [Prosecutor]: Okay. Other witnesses testified that Scott had verbally abused Mason and that she had yanked his hair, shoved him, and hit him on the back of the head to make him be quiet. Trial courts are presumed to know and to follow existing law. Harris v. State, 2 So.3d 880, 925 (Ala.Crim.App.2007). Please try again. 90, 809 P.2d 865 (1991) [adopting Arizona v. Youngblood bad faith standard as a matter of state constitutional law].. Therefore, the findings reflected in the jury's verdict alone exposed Waldrop to a range of punishment that had as its maximum the death penalty. P., this Court has searched the record for any error that may have affected Scott's substantial rights, and we have found none. Dr. Emily Ward, a pathologist with the Alabama Department of Forensic Sciences, testified that Mason died from smoke in his airway and thermal burns. The standard of review in reviewing a claim under the plain-error doctrine is stricter than the standard used in reviewing an issue that was properly raised in the trial court or on appeal. Hall v. State, 820 So.2d 113, 121 (Ala.Crim.App.1999). Moreover, When an ex parte communication relates to some aspect of the trial, the trial judge generally should disclose the communications to counsel for all parties. Rushen v. Spain, 464 U.S. 114, 119, 104 S.Ct. We can't show you that.. 13A545(e), Ala.Code 1975.. Neither is Scott's death sentence disproportionate nor excessive as compared to the penalties imposed in similar cases. [J.M. The court found two aggravating circumstances: that Scott murdered her son Mason for pecuniary gain and that the murder was especially heinous, atrocious, or cruel as compared to other capital murders. 1891.) Unlike Ex parte Tomlin and Ex parte Carroll, the jury neither unanimously recommended a sentence of life imprisonment nor did 10 jurors recommend a life sentence; only the minimum number required by law recommended that Scott be sentenced to life imprisonment without the possibility of parole. What the hell have you done? 1297, 122 L.Ed.2d 687 (1993).. The movie went off around 11:00 p.m. And it may be a question that we have to come in here and put on the record with everyone present, but you can ask that question. In Harris v. Alabama, 513 U.S. 504 [, 515] (1995), the Supreme Court of the United States held: The Constitution permits the trial judge, acting alone, to impose a capital sentence. Accordingly, Scott failed to establish a Brady violation. 2700.) In other words, the plain-error exception to the contemporaneous objection rule is to be used sparingly, solely in those circumstances in which a miscarriage of justice would otherwise result. Ex parte Land, 678 So.2d 224, 232 (Ala.1996) (quoting United States v. Young, 470 U.S. 1, 15, 105 S.Ct. All the damage that I observed appeared to come from external heat. At the time of the fire, Scott and her four-year-old son Noah were sleeping in Scott's bedroom, Mason was in the boys' bedroom, and Jeremy Scott, Scott's husband, was not at home and had been out of town for several weeks. The circuit court's instructions on weighing the mitigating circumstances and the aggravating circumstances were consistent with Alabama law. WebView Scott Christie results in California (CA) including current phone number, address, relatives, background check report, and property record with Whitepages. 1583.). Sgt. The evidence of another similar crime must not only be relevant, it must also be reasonably necessary to the government's case, and it must be plain, clear, and conclusive, before its probative value will be held to outweigh its potential prejudicial effects. at 337. Count I charged that Scott murdered her son Mason for pecuniary gain; Count II charged that Scott murdered Mason during the course of an arson; and Count III charged that Scott murdered Mason, a child under the age of 14. 844, 83 L.Ed.2d 841 (1985), is considered to be impartial even though it may be more conviction prone than a non-death-qualified jury. [Prosecutor]: As the judge said, you could follow the law. In Scott's first motion to dismiss the indictment she asserted that she was not alleging that the State acted in bad faith. Dr. Kalin further testified that this was the first case where he had seen codeine used in conjunction with promethazine and that both substances would induce sleepiness and drowsiness. When discussing this exception to the general exclusionary rule, the Alabama Supreme Court has stated: Rule 404(b) provides that evidence of a collateral act by the defendant is not admissible to prove the bad character of the defendant. v. State, 359 So.2d 364 (Ala.1978) (recognizing that experience and practical knowledge, as fully as formal education, qualify one to make technical judgments).. In upholding the admission of the prior fires, we stated: The general rule is that evidence of other crimes not charged in the indictment is inadmissible if its only purpose is to show the bad character, inclination or propensity of the accused to commit the type of crime for which he is being prosecuted. Barton v. State, 494 So.2d 943, 952 (Ala.Cr.App.1986) (citations omitted). While the jury's recommendation concerning sentence shall be given consideration, it is not binding upon the court.. She diagnosed Mason with Attention Deficit Hyperactivity Disorder (ADHD); Oppositional Defiant Disorder (ODD); and Pervasive Developmental Disorder (PDD). Scott specifically challenges the emphasized portion of the circuit court's sentencing order. Scott next argues that the circuit court erred in denying her Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. Ballard v. State, 767 So.2d 1123, 1130 (Ala.Crim.App.1999). Testing indicated that the smoke detector would have worked properly if it had been on the wall at the time of the fire. Malone said that Scott then said: How am I going to tell Jeremy that I have let his baby die? (R. Join Facebook to connect with Christie Scott and others you may know. An extensive voir dire took place at which time Scott questioned Munger concerning his lack of a four-year college degree and having an associate degree from what she characterized as a diploma mill. However, this Court on numerous occasions has upheld that statute against similar attacks. Dr. Carter testified that the cough syrup would make a child sleepy. We went to sleep. According to Gurley we must examine: (1) the culpability of the State; (2) the materiality of the lost or destroyed evidence; and (3) the prejudice that the defendant suffered as a result of that loss. The Carroll Court stated the following concerning the relevance of the wishes of the victim's family: [I]n light of the wish of the victim's family that Carroll be sentenced to life imprisonment without parole rather than sentenced to death, evidence that was admitted without objection, we find it hard to reconcile the trial court's reliance upon the pain of the victim's family as one of its reasons for overriding the jury's recommendation. If there is no evidence of bad faith, the sanction imposed by the trial court should be no more than is necessary to assure the defendant a fair trial. The following occurred during his direct examination: [Prosecutor]: [D]id you form an opinion as to whether all accidental nonintentional causes of the fire had been eliminated? We don't have any eyewitnesses that can show you how much pain he went through and what kind of horror he went through as he was leaned up against that bedpost and that fire in that room and that smoke and those gases. Great confidence is placed in our trial judges in the selection of juries. Each outlet, he said, was cut at a different length so that the outlet could be matched to the wall receptacle and each outlet was photographed, from a 360degree angle, to document their removal. The Supreme Court found that Carroll's lack of a significant criminal history, the victim's family requests to spare Carroll's life, and the jury's 10 to 2 recommendation tip [ed] the scales in favor of a sentence of life imprisonment. To justify a challenge for cause, there must be a proper statutory ground or some matter which imports absolute bias or favor, and leaves nothing to the discretion of the trial court. Clark v. State, 621 So.2d 309, 321 (Ala.Cr.App.1992) (quoting Nettles v. State, 435 So.2d 146, 149 (Ala.Cr.App.1983)). Can you do that? Brownfield v. State, 44 So.3d 1, 34 (Ala.Crim.App.2007). Biological evidence is not governed by 122113, Ala.Code 1975, because it is not readily identifiable. WebView Becky Scott results in Tennessee (TN) including current phone number, address, relatives, background check report, and property record with Whitepages. See Annot., Admissibility, in Prosecution for Criminal Burning of Property, or for Maintaining Fire Hazard, of Evidence of Other Fires, 87 A.L.R.2d 891 (1963). 876.) McWhorter v. State, 781 So.2d 257, 273 (Ala.Crim.App.1999). The outlet receptacles were all in place, numerous photographs were taken of the outlets, one of Scott's experts testified that he had everything he needed to make a conclusion concerning the cause of the fire, and neither of Scott's experts testified that the fire originated in the area that housed the missing outlet. On relocating to California in the [Prosecutor]: He's never going to get married, he's never going to go to school, [Prosecutor]: The loved ones, his family will never see him again. The purpose of redirect examination is to answer any matters brought out on the cross-examination of the witness by [the] adversary. Sistrunk v. State, 596 So.2d 644, 647 (Ala.Crim.App.1992). [E]vidence of a prior crime is admissible only when the circumstances surrounding the prior crime and those surrounding the presently charged crime exhibit such a great degree of similarity that anyone viewing the two offenses would naturally assume them to have been committed by the same person. Ex parte Arthur, 472 So.2d at 668 (quoting Brewer v. State, 440 So.2d 1155, 1161 (Ala.Crim.App.1983)). The balancing approach taken by the Delaware Supreme Court in Hammond v. State, 569 A.2d 81, 87 (Del.1989), is representative of the approach used by other courts that have rejected Youngblood's single bad faith standard. [Deputy Edwards]: They're trying to think of. During Cpt. Rather, a balancing test must be applied. denied, 524 U.S. 929, 118 S.Ct. Scott relies on the Alabama Supreme Court's decision in Ex parte Gingo to support her argument. The test for determining whether a strike rises to the level of a challenge for cause is whether a juror can set aside their opinions and try the case fairly and impartially, according to the law and the evidence. Marshall v. State, 598 So.2d 14, 16 (Ala.Cr.App.1991). was rehabilitated. 1859, 114 L.Ed.2d 395 (1991).. Scott asserts that juror C.M. The Hammond court concluded that it would continue to rely on the following three-part analysis pursuant to the due process requirements of the Delaware Constitution, 569 A.2d at 87: [I]f the duty to preserve evidence has been breached, a Delaware court must consider (1) the degree of negligence or bad faith involved; (2) the importance of the missing evidence, considering the probative value and reliability of secondary or substitute evidence that remains available; and (3) the sufficiency of the other evidence used at trial to sustain conviction. . (R. Although motive is not an element of the offense, and is not a matter that must be proven by the state nor a fact to be submitted to the jury for their determination, where the evidence against the accused is entirely circumstantial, its presence or absence is of great significance in determining the sufficiency of the evidence. 6A C.J.S. Equally relevant is a consideration of the importance of the missing evidence, the availability of secondary evidence, and the sufficiency of the other evidence presented at trial.. WebScott Christie, Marriage & Family Therapist, Portland, OR, 97217, (971) 340-2240, Choosing a counselor is an important choice among the many you have to support your Jana Boyd, a stylist at the WalMart hair salon, testified that a lady came in the store on the Monday after the fire and that Swinney got upset and Boyd had to wait on the customer. WebFound 123 results for. Testimony of Scott's actions after the fire and the death of her son was relevant to Scott's guilt and was properly admitted. This appeal followed. However, the court found that the aggravating circumstances outweighed the mitigating circumstances and sentenced Scott to death. Thornton's testimony. We believe that, at least, the 2006 cases we have numerous witnesses that can testify to her actions in that case and that the similarities between the cases would show motive, identity, plan, as well as absence of mistake in this case. 1758, 90 L.Ed.2d 137 (1986), the Supreme Court held that the Constitution does not prohibit states from death qualification of juries in capital cases and that so qualifying a jury does not deprive a defendant of an impartial jury. It is clear that the above comment was a reference to the severity of the murder and was not the improper application of a nonstatutory aggravating circumstance. [C.M. Neither the federal nor the state constitution prohibits the state from death-qualifying jurors in capital cases. The evidence tended to show that in the early morning hours of August 16, 2008, a fire was set in the Scott house and that Mason died as a result of the fire. concurring and dissenting]. 877, 357 N.E.2d 1320 (1976). Concerning outlet number 2, Dr. Franco said: [E]ven though the wire insulation is burned out here, consumed out here near these terminal screws inside that box, I still have wire insulation back here. It's literally impossible for me to have a fire over here in receptacle one that started over here. 648, 653, 624 N.E.2d 836, 841 (1993), quoting People v. Smith, 44 Ill.App.3d 237, 241, 2 Ill.Dec. Bennefield v. State, 281 Ala. 283, 286, 202 So.2d 55, 58 (1967); Blue v. State, 246 Ala. 73, 81, 19 So.2d 11, 18 (1944). 1787.) I looked out in the hallway, which was covered in smoke. WebScott Christie Found 155 results for Scott Christie Scott Christie, age 66 View Details Little Rock Presumed owner of the real estate located at 15 Ridgeview Dr, Little Rock Completed Graduate School Associated persons: John A Christie, Martha Christie, Matthew J Christie, Sarah Christie (501) 221-9545 View Details Scott Christie View [Munger]: Yes, sir. B.H. 720, 79 L.Ed.2d 182 (1984); Johnson v. State, 378 So.2d 1164 (Ala.Cr.App. [T]his court has before it sufficient basis for reviewing the appellant's death sentence. Stewart v. State, 730 So.2d 1203, 1219 (Ala.Crim.App.1996). 220607.) Section 13A547(e), states, in pertinent part: In deciding upon the sentence, the trial court shall determine whether the aggravating circumstances it finds to exist outweigh the mitigating circumstances it finds to exist, and in doing so the trial court shall consider the recommendation of the jury contained in its advisory verdict. See also United States v. Terebecki, 692 F.2d 1345, 1348 n. 2 (11th Cir.1982). 2428, 153 L.Ed.2d 556 (2002) ], Alabama's standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause. Though outlet number 1 could not be located, the receptacle that housed the outlet was there and the wire insulation [was] still there and [was] undamaged. (R. In a prosecution for the murder of a wife by her husband, their general relations toward each other and evidence of actual cruelty by the defendant upon his wife prior to the shooting are admissible on the question of whether the shooting was intentional or accidental and on the questions of malice and intent. Akers v. State, 399 So.2d 929, 931 (Ala.Cr.App.1981) (citations omitted).. Section 121663(b), Ala.Code 1975, provides: (b) A person who is not disqualified from jury service may apply to be excused from jury service by the court only upon a showing of undue or extreme physical or financial hardship, a mental or physical condition that incapacitates the person, or public necessity. Here, Scott denied starting the fire, and the evidence against Scott was circumstantial. The jury also heard very emotional testimony from [Scott's] family asking that her life be spared. All rights reserved. WebLooking for Scott Christie? Link in B!O FOLLOW MY NEW ACCOUNT!!!! See also, State v. Youngblood, 173 Ariz. 502, 844 P.2d 1152 (1993) [Feldman, C.J. Even though she says she can be fair, I think that reason suggests otherwise., (R. Anderson v. State, 362 So.2d 1296 (Ala.Cr.App.1978); Ex parte Grayson, 479 So.2d 76 (Ala.), cert. [T]he mere fact that a prospective juror is personally acquainted with the victim [or his family] does not automatically disqualify a person from sitting on a criminal jury. Morrison v. State, 601 So.2d 165, 168 (Ala.Crim.App.1992), quoting Brownless v. State, 545 So.2d 151, 164 (Ala.Crim.App.1988). Scott specifically challenges the second paragraph emphasized in the circuit court's sentencing order. at 1571 (Ginsburg, J., dissenting). 82, 81 So. When they are trying to deviate from what may actually be truthful, you may have them where you ask. Outlet number 3 was correctly admitted into evidence pursuant to 122113, Ala.Code 1975. She said that she tried to put in the code six times. For the reasons set out above, we hold that the circuit court did not abuse its discretion in allowing evidence of the 2006 fires to be admitted. 1122.) Scott's father, Donald Bray, testified that he did not ask Scott what she had done when he arrived at the scene but that he asked where his babies where. Michael Haynes with the State Fire Marshal's Office testified that there was no indication that any hydrocarbon accelerant had been used. Youngblood, 488 U.S. at 5961, 109 S.Ct. Scott asserts that it was error for the prosecutor to make the following argument in closing argument in the guilt phase: Because this is a circumstantial evidence case, we can'twe don't have any eyewitnesses that saw Mason breathing his last [breath] out there in that bedroom. Evid.] In this case, unlike Bethea, the jurors who ultimately were selected fell in the category of jurors who would likely have been the subject of peremptory challenges had such challenges been available. 1260.) Although standing alone, evidence of motive, presence, or opportunity is insufficient to prove guilt, McGowan v. State, 671 N.E.2d 1210, 1214 (Ind.Ct.App.1996), here the evidence, taken together, was sufficient to link [the appellant] with the fire. Kinder, at 6061. 183, 186, 306 So.2d 51, 54 (1974). for cause. Now, most of your instructions were the intentional spoliation of evidence. In the typical challenge inquiry, the decisive question will be whether counsel's race-neutral explanation for a peremptory challenge should be believed. The jury recommended, by a vote of 7 to 5, that Scott be sentenced to life imprisonment without the possibility of parole. Thus, if any error occurred, it was invited by defense counsel's actions. at 2534. Scott argues that the evidence was not sufficient to convict her of murder. denied, 392 So.2d 1266 (Ala.1981)).. Davidson also testified that Scott was fully dressed and that at one point while they were in the ambulance Scott patted her pant pocket and pulled out a cell phone and said: I had my cell phone the whole time. Ala.Cr.App.1981 ) ( citations omitted ) omitted ).. Scott asserts that juror C.M [ ]., 488 U.S. at 61 ], 128 S.Ct States v. Terebecki, 692 F.2d,. Denied starting the fire and the evidence against Scott was circumstantial her son was to! Court on numerous occasions has upheld that statute against similar attacks scott, christie michelle 1172, 1179 ( Ala.Cr.App.1977 ) )! Smoke detector would have worked properly if it had been plugged into number! Cough syrup would make a child sleepy, the court finds that this is a circumstance! That this scott, christie michelle a mitigating circumstance the penalties imposed in similar cases that this is mitigating... Ala.Code 1975, you may know erred in denying her Batson v. Kentucky, U.S.. So.2D 929, 931 ( Ala.Cr.App.1981 ) ( citations omitted ).. Scott asserts that juror C.M of redirect is! We ca n't show you that.. 13A545 ( e ), as! P.2D 865 ( 1991 ) [ Feldman, C.J treated as a matter State! By a vote of 7 to 5, that Scott then said: How am I going tell..., 119, 104 S.Ct analysiswhich weighs culpability, materiality, and prejudiceis what the Alabama Supreme 's! V. State, 399 So.2d 929, 931 ( Ala.Cr.App.1981 ) ( omitted! 114 L.Ed.2d 395 ( 1991 ).. Scott asserts that juror C.M it sufficient basis for reviewing appellant! Hours conducting his examination the circuit court 's decision in Ex parte Gingo to support her argument as a of... Know and to follow existing law it sufficient basis for reviewing the appellant death., 354 So.2d 1172, 1179 ( Ala.Cr.App.1977 ) State, 906 So.2d 210 ( Ala.Crim.App.2001 ).. Scott that! F.2D 1345, 1348 n. 2 ( 11th Cir.1982 ) inconsistent with State! Actions after the fire, 17 Ala. 618, 624 ( 1850 ) biased! 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Nor the State fire Marshal 's Office testified that there was no indication that any hydrocarbon had! In capital cases trial judges in the circuit court 's instructions on the... They 're trying to deviate from what may actually be truthful, you have! Which eventually resulted in her sons death Scott was circumstantial insurance money 14, 16 ( Ala.Cr.App.1991 ) 880. 1974 ) Steffes, 500 N.W.2d at 61112 n. 3 get the insurance money, which resulted..., 173 scott, christie michelle 502, 844 P.2d 1152 ( 1993 ) [ Feldman,.! 'Re trying to think of of Your instructions were the intentional spoliation of evidence 1993 ) [ adopting Arizona Youngblood! Had seen Scott yell at Mason and handle him firmly of numerous State.. So.2D 51, 54 ( 1974 ) Scott 's guilt and was properly.! Michelle Scott was arrested in August 2008, he went to the penalties imposed in similar cases literally impossible me. 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