Study Resources. The victims could easily have been restrained sufficiently to permit the defendants to travel a long distance before the robberies, the kidnappings, and the theft were reported." * Under the felony-murder doctrine, a person who commits a felony is liable for any murder that occurs during the commission of that felony, regardless of whether he or she commits, attempts to commit, or intended to commit that murder. Introduction To California Law. Enmund v. State, 399 So.2d 1362, 1369 (1981). They discovered guns and money in the Mazda which they kept, and they put the rest of the Lyons' possessions in the Lincoln. Cabana v. Bullock, 474 U.S. 376, 106 S.Ct. See State v. Dorothy Tison, Cr. In Enmund v. Florida, the Court recognized again the importance of mental state, explicitly permitting the death penalty in at least those cases where the felony murderer intended to kill and forbidding it in the case of a minor actor not shown to have had any culpable mental state. And it took us by surprise as much as it took the family [the victims] by surprise because we were not expecting this to happen. In evaluating the trial court's findings of aggravating and mitigating factors, the Arizona Supreme Court found the first aggravating factorcreation of grave risk to othersnot supported by the evidence. Notwithstanding the Court's unwarranted observations on the applicability of its new standard to this case, the basic flaw in today's decision is the Court's failure to conduct the sort of proportionality analysis that the Constitution and past cases require. Donald Tison was shot to death at the roadblock on April 11, 1978. He was soon recaptured, finished his sentence and was paroled. Cab- ana v. Bullock, supra, 474 U.S., at 386, 106 S.Ct., at 697. Nouvelle rgle 2020 Carte de France 2020. 6, ch. That they did not specifically intend that the Lyonses and Theresa Tyson die, that they did not plot in advance that these homicides would take place, or that they did not actually pull the triggers on the guns which inflicted the fatal wounds is of little significance." Like the Enmund Court, we find the state legislatures' judgment as to proportionality in these circumstances relevant to this constitutional inquiry.4 The largest number of States still fall into the two intermediate categories discussed in Enmund. The Arizona courts interpreted the plea agreement to require that petitioners testify to the planning stages of the breakout. , dead of exposure. As Ricky and Raymond Tison were at the Mazda they heard the gunshots. We accept this as true. Two more jurisdictions required a finding that the defendant's participation in the felony was not "relatively minor" before authorizing a capital sentence. Ricky and Raymond Tison are similarly situated with Earl Enmund in every respect that mattered to the decision in Enmund. Indeed, the possibility of bloodshed is inherent in the commission of any violent felony and this possibility is generally foreseeable and foreseen; it is one principal reason that felons arm themselves. Arizona has recodified and broadened its felony-murder statute to include killings occurring during the course of a variety of sex and narcotics offenses and escape. At one pole was Enmund himself: the minor actor in an armed robbery, not on the scene, who neither intended to kill nor was found to have had any culpable mental state. Amnesty International, United States of America, The Death Penalty 228-231 (1987). 20-21, 39-41, 74-75, 109. 3368, 73 L.Ed.2d 1140 (1982); Coker v. Georgia, 433 U.S. 584, 97 S.Ct. . To be faithful to this belief, which is "universal and persistent in mature systems of law," ibid., the criminal law must ensure that the punishment an individual receives conforms to the choices that individual has made.10 Differential punishment of reckless and intentional actions is therefore essential if we are to retain "the relation between criminal liability and moral culpability" on which criminal justice depends. The facts on which the Court relies are not sufficient, in my view, to support the Court's conclusion that petitioners acted with reckless disregard for human life.4 But even if they were, the Court's decision to restrict its vision to the limited set of facts that "the Arizona Supreme Court has given . Petitioners' presence at the scene of the murders, and their participation in flagging down the vehicle, and robbing and guarding the family, indicate nothing whatsoever about their subjective appreciation that their father and his friend would suddenly decide to kill the family. I join no part of this. In Enmund, unlike in the present case, the defendant did not actively participate in the events leading to death (by, for example, as in the present case, helping abduct the victims) and was not present at the murder site." Coker v. Georgia, 433 U.S. 584, 97 S.Ct. The Court's decision today to approve the death penalty for accomplices who lack this mental state is inconsistent with Enmund and with the only justifications this Court has put forth for imposing the death penalty in any case. . On direct appeal, the Arizona Supreme Court affirmed. Indeed, the trial court recognized the disjunction between the felonies and the murders when it found that Gary Tison's and Greenawalt's decision to murder the family was senseless and unnecessary to the escape. They were re-sentenced to life in prison,. "The use of lethal force that petitioner contemplated indeed occurred when the gang abducted the people who stopped on the highway to render aid. 1071, 1076 (1964).18 Retribution, which has as its core logic the crude proportionality of "an eye for an eye," has been regarded as a constitutionally valid basis for punishment only when the punishment is consistent with an "individualized consideration" of the defendant's culpability, Lockett v. Ohio, 438 U.S., at 605, 98 S.Ct., at 2965, and when "the administration of criminal justice" works to "channe[l]" society's "instinct for retribution." 13-454(A) (Supp.1973) (repealed 1978). Over 300 police officers and hundreds of volunteers searched for him, but he eluded them. . G. Fletcher, Rethinking Criminal Law 254 (1978) (footnote omitted; emphasis added). . That difference was also related to the second purpose of capital punishment, retribution. Only a small minority of States even authorized the death penalty in such circumstances and even within those jurisdictions the death penalty was almost never exacted for such a crime. Furman v. Georgia, 408 U.S. 238, 345, 92 S.Ct. The Court's second reason for abandoning the intent requirement is based on its survey of state statutes authorizing the death penalty for felony murder, and on a handful of state cases.12 On this basis, the Court concludes that "[o]nly a small minority of those jurisdictions imposing capital punishment for felony murder have rejected the possibility of a capital sentence absent an intent to kill, and we do not find this minority position constitutionally required." hcg wert viel zu niedrig; flohmarkt kilegg 2021. fhrerschein in tschechien trotz mpu; kartoffeltaschen mit schinken und kse John Lyons asked the Tisons and Greenawalt to "[g]ive us some water . The Tisons' high level of participation in these crimes further implicates them in the resulting deaths. Raymond and Ricky Tison v State of Arizona 1987 (convictions and sentences affirmed) Finally, in Arizona, the Murderer of Theresa Tyson May Die. The State's ultimate sanctionif it is ever to be usedmust be reserved for those whose culpability is greatest. For example, the Model Penal Code treats reckless killing, 'manifesting extreme indifference to the value of human life,' as equivalent to purposeful and knowing killing"). WebPENAL LAW: A Web Court Opinions Ricky Wayne TISON and Raymond Curtis Tison, Petitioners v. ARIZONA Supreme Court of the United States 481 U.S. 137, 107 S.Ct. 13, 2303(b), (c) (Supp.1986) (only murderers of correctional officers subject to death penalty); Wash. Rev.Code 9A.32.030, 10.95.020 (1985) (death penalty reserved for those who commit premeditated killing with at least one aggravating circumstance). Review of those executed since 1982 reveals that each person executed was found to have committed a killing and/or to have intended to kill. just leave us out here, and you all go home." The importance of distinguishing between these different choices is rooted in our belief in the "freedom of the human will and a consequent ability and duty of the normal individual to choose between good and evil." A chemical worker named Ray Thomas was throwing out trash and smelled a foul odor when he found Gary. Raymond recalled being at the Mazda filling the water jug "when we started hearing the shots." The occupants of the house, an elderly couple, resisted and Enmund's accomplices killed them. The Court does not attempt to conduct a proportionality review of the kind performed in past cases raising a proportionality question, e.g., Solem v. Helm, 463 U.S. 277, 103 S.Ct. Furman v. Georgia, 408 U.S. 238, 308, 92 S.Ct. Career criminal and family criminal gang leader Gary Gene Tison was serving a life sentence for the Sept. 18, 1967, murder of prison guard James Jim Stiner. But Gary Tison got away. . denied, 465 U.S. 1074, 104 S.Ct. Moreover, a number of state courts have interpreted Enmund to permit the imposition of the death penalty in such aggravated felony murders. Id., at 20-21, 74. Six innocent people died at the hands of the Tison Gang. The Arizona Supreme Court has made formal findings of "intent to kill" to comply with the perceived "dictate of Enmund." In reversing the order, Justice Holmes stated the following for the Court: "It certainly is true that mere mistakes of law in the course of a trial are not to be corrected [by habeas corpus]. Evidence that a penalty is imposed only infrequently suggests not only that jurisdictions are reluctant to apply it but also that, when it is applied, its imposition is arbitrary and therefore unconstitutional. Because the Arizona Supreme Court affirmed these death sentences upon a finding that the defendants "intended, contemplated, or anticipated that lethal force would or might be used or that life would or might be taken," the case must be remanded. . As the group traveled on back roads and secondary highways through the desert, another tire blew out. Four States authorize the death penalty in felony-murder cases upon a showing of culpable mental state such as recklessness or extreme indifference to human life.5 Two jurisdictions require that the defendant's participation be substantial6 and the statutes of at least six more, including Arizona, take minor participation in the felony expressly into account in mitigation of the murder.7 These requirements significantly overlap both in this case and in general, for the greater the defendant's participation in the felony murder, the more likely that he acted with reckless indifference to human life. " 458 U.S., at 800, 102 S.Ct., at 3378 (citation omitted). 2954, 2965, 57 L.Ed.2d 973 (1978)) (emphasis in original). Appeal is automatic in Arizona capital cases. Petitioner, actively participated in the events leading to death by, inter alia, providing the murder weapons and helping abduct the victims. . The cases since Enmund in which the Arizona Supreme Court has rejected the defendant's Enmund challenge and affirmed the death sentence are: State v. Correll, 148 Ariz. 468, 478, 715 P.2d 721, 731 (1986) (defendant intended to kill victims and "verbally encouraged" codefendant to proceed with killing); State v. Martinez-Villareal, 145 Ariz. 441, 702 P.2d 670 (defendant actively took part in the murder and intended to kill), cert. 1986); Utah Code Ann. . The Arizona Supreme Court then held, by a vote of 3-2, that this finding was sufficient to establish that petitioners "intended" (within the meaning of Enmund ) to kill the Lyons family, and affirmed the death sentences. Neither son had a prior felony record. App. In fact, the standard applied by the Arizona Supreme Court was not a classic intent one, but rather was whether "a defendant contemplated, anticipated, or intended that lethal force would or might be used." . William J. Schafer, III, Phoenix, Ariz., for respondent. 146-1158. We granted certiorari in order to consider the Arizona Supreme Court's application of Enmund. In my opinion this very fact had a severe influence upon the personality structure of these youngsters. PARA. Importantly, the judge specifically found that the crime was not mitigated by the fact that each of the petitioner's "participation was relatively minor." would clearly support a finding that [both sons] subjectively appreciated that their acts were likely to result in the taking of innocent life"). After leaving the prison, the men abandoned the Ford automobile and proceeded on to an isolated house in a white Lincoln automobile that the brothers had parked at a hospital near the prison. . They were re-sentenced to life in prison, where they remain today. It will always be there." (3) each had been convicted of the murders under the felony-murder rule. They argued that Enmund prevented the State from imposing the death sentence because they, like Enmund, were accomplices to a felony in which killings occurred that they neither committed nor intended to commit. The Tison brothers _ Donald, 20, Ricky, 19, and Raymond, 18 _ had helped their father Gary Tison and Greenawalt break out of the state prison in Florence. Raymond and Donald drove the Lincoln down a dirt road off the highway and then down a gas line service road farther into the desert; Gary Tison, Ricky Tison, and Randy Greenawalt followed in the Lyons' Mazda. Over time, malice aforethought came to be inferred from the mere act of killing in a variety of circumstances; in reaction, Pennsylvania became the first American jurisdiction to distinguish between degrees of murder, reserving capital punishment to "wilful, deliberate and premeditated" killings and felony murders. Id., at 280-289. While the water jug was being filled, Gary Tison and Greenawaltused shotguns to kill the family of four, including a 2-year-old boy. One such principle is that the States may not impose punishment that is disproportionate to the severity of the offense or to the individual's own conduct and culpability. death." Id., at 789, 102 S.Ct., at 3372. 283, quoted infra, at ----. Our Constitution demands that the sentencing decision itself, and not merely the procedures that produce it, respond to the reasonable goals of punishment. Petitioner knew that Gary Tison's murder conviction arose out of the killing of a guard during an earlier prison escape attempt. Arizona law also provided for a capital sentencing proceeding, to be conducted without a jury, to determine whether the crime was sufficiently aggravated to warrant the death sentence. From these . . 544, 551, 54 L.Ed. Although we state these two requirements separately, they often overlap. 435, 78 L.Ed.2d 367 (1983); State v. McDaniel, 136 Ariz. 188, 665 P.2d 70 (1983) (defendant killed victim); State v. Gillies, 135 Ariz. 500, 662 P.2d 1007 (1983) (defendant took an active and deliberate part in the killing). might be used . 339, 88 L.Ed.2d 324 (1985); State v. Hooper, 145 Ariz. 538, 703 P.2d 482 (1985) (defendant killed for hire), cert. Id., at 626-628, 98 S.Ct., at 2984-2985 (emphasis added; footnotes omitted). 458 U.S., at 794, 102 S.Ct., at 3375 (emphasis added). . I hope the hell they carry it out this time. App. The Tison sons remain in prison; Greenawalt was executed in 1997. Such guidance is essential in determining the constitutional limits on the State's power to punish. Only a small minority of those jurisdictions imposing capital punishment for felony murder have rejected the possibility of a capital sentence absent an intent to kill, and we do not find this minority position constitutionally required. denied, 464 U.S. 986, 104 S.Ct. She was found huddled over the family dog that was also killed. Vermont fell into none of these categories. Petitioner then watched Gary Tison and Greenawalt fire in the direction of the victims. Ann., Tit. Of the 45 murderers then on death row, 36 had been found to have "intended" to take life, and 8 of the 9 for which there was no finding of intent had been the triggerman. They were re-sentenced to life in prison, where they remain today. INTERACTIVE RADAR: Tracking winter storm in Arizona. It is important to note how attenuated was Enmund's responsibility for the deaths of the victims in that case"), cert. denied, 469 U.S. 1229, 105 S.Ct. Raymond did so, and, while the others guarded the Lyons and Theresa Tyson, Gary fired his shotgun into the radiator, presumably to completely disable the vehicle. If it does not so contribute, it " 'is nothing more than the purposeless and needless imposition of pain and suffering' and hence an unconstitutional punishment." In that regard, it referred to facts concerning the breakout and escape. Each of the petitioners was convicted of the four murders under these accomplice liability and felony-murder statutes.1. Being sought were killers Randy Greenawalt, 28, and Gary G. Tison, 42, and Tison's three sons, Ricky, 18, Donald, 22, and Raymond, 19, authorities said. Enmund himself may well have so anticipated. Thus the Court's findings about petitioners' mental states regarding the murders are based solely on inferences from petitioners' participation in the underlying felonies. Gary escaped into the night but died of exposure in the desert heat. That's when they came across James and Margene Judge, Texas newlyweds honeymooning in Colorado to see the Dallas Cowboys play the Denver Broncos. She was unable to identify any one other than RICKY and . Neither stated that they anticipated that the shootings would occur, or that they could have done anything to prevent them or to help the victims afterward.6 Both, however, expressed feelings of surprise, helplessness, and regret. Furthermore, the Court found that Enmund's degree of participation in the murders was so tangential that it could not be said to justify a sentence of death. The trial court found that the murders their father later committed were senseless and unnecessary to the felony of stealing a car in which the sons participated; and just prior to the shootings the sons were retrieving a water jug for the family. At least four other States not cataloged by the Court also restrict the imposition of capital punishment to those who actually commit and intend to commit murder, and two more States reject the death penalty for most felony murders, see infra, at 176. Arizona fell into a subcategory of six States which made "minimal participation in a capital felony committed by another person a [statutory] mitigating circumstance." This evidence suggests that the question of petitioners' mental states with respect to the shootings is very much an open one to be decided only after a thorough evidentiary hearing. Tisons terrorized state 25 years ago Citizen file photos Six innocent people died at the hands of the Tison Gang. They both were sentenced to life in 1992. View PARA 94 - Tison v Arizona.pdf from PARA 094 at De Anza College. Thus we make some approximation to the ideal of justice of treating morally like cases alike and morally different ones differently." The Lyons and Theresa Tyson were then escorted to the Lincoln and again ordered to stand in its headlights. After the decision of the Arizona Supreme Court, this Court addressed, in Enmund v. Florida, 458 U.S. 782, 102 S.Ct. "The evidence at trial showed defendant was the actual murderer. Rather, we simply hold that major participation in the felony committed, combined with reckless indifference to human life, is sufficient to satisfy the Enmund culpability requirement.12 The Arizona courts have clearly found that the former exists; we now vacate the judgments below and remand for determination of the latter in further proceedings not inconsistent with this opinion. * Gary Tison was sentenced to life imprisonment as the result of a prison escape during the course of which he had killed a guard. Supreme Court of Arizona, In Banc. (function(d){var js, id="pikto-embed-js", ref=d.getElementsByTagName("script")[0];if (d.getElementById(id)) { return;}js=d.createElement("script"); js.id=id; js.async=true;js.src="https://magic.piktochart.com/assets/embedding/embed.js";ref.parentNode.insertBefore(js, ref);}(document)); Give Light and the People Will Find Their Own Way, n July 30 they changed their attitude when. Of 739 death row inmates, only 41 did not participate in the fatal assault. Gary Tison escaped into the desert where he subsequently died of exposure. In reaching this conclusion, the Court relied upon the fact that killing only rarely occurred during the course of robberies, and such killing as did occur even more rarely resulted in death sentences if the evidence did not support an inference that the defendant intended to kill. . 2861, 53 L.Ed.2d 982 (1977), but instead offers two reasons in support of its view. Ricky and Raymond Tison were tried, convicted and sentenced to death. The group decided to flag down a passing motorist and steal a car. Gary Tison then told his sons to go back to the Mazda and get some water. Rev. Raymond and Donald Tison, assisted in the escape of their father, Gary Tison, and Randy Greenawalt from the Arizona State Prison in Florence. The others were armed and lying in wait by the side of the road. "[T]he type of conduct which Ohio would punish by death requires at most the degree of mens rea defined by the ALI Model Penal Code (1962) as recklessness: conduct undertaken with knowledge that death is likely to follow. 458 U.S., at 799, 102 S.Ct., at 3377. He did find, however, three nonstatutory mitigating factors: (1) the petitioners' youthRicky was 20 and Raymond was 19; (2) neither had prior felony records; (3) each had been convicted of the murders under the felony-murder rule. Thus, contrary to the Court's implication that its view is consonant with that of "the majority of American jurisdictions," ibid., the Court's view is itself distinctly the minority position.13, Second, it is critical to examine not simply those jurisdictions that authorize the death penalty in a given circumstance, but those that actually impose it. A massive manhunt in Arizona ended on Aug. 11, 1978, when the gang ran a police road block near Casa Grande. Randy Greenawalt was also tried and convicted for the escape and following murders. All six executions took place in 1955." . One car passed by without stopping, but a second car, a Mazda occupied by John Lyons, his wife Donnelda, his 2-year-old son Christopher, and his 15-year-old niece, Theresa Tyson, pulled over to render aid. Nothing in the record suggests that any of their actions were inconsistent with that aim. 99-19-101(7) (Supp.1986); Nev.Rev.Stat. At the other end of the spectrum, eight States required a finding of intent to kill before death could be imposed in a felony-murder case and one State required actual participation in the killing. The report of the psychologist, who examined both sons, also suggests that they may not have appreciated the consequences of their participation: "These most unfortunate youngsters were born into an extremely pathological family and were exposed to one of the premier sociopaths of recent Arizona history. 16-11-103(5)(d) (1978 and Supp.1985); Ind.Code 35-50-2-9(c)(4) (Supp.1986); Mont.Code Ann. Ibid. 447-448 (1978) ("[I]n the common law, intentional killing is not the only basis for establishing the most egregious form of criminal homicide. 782.04(1)(a), 775.082(1), 921.141(5)(d) (1985); Ga.Code 16-5-1(a), 17-10-30(b)(2) (1984 and 1982); S.C.Code 16-3-10, 16-3-20(C)(a)(1) (1985 and Supp.1986); Tenn.Code Ann. See, e.g., Horace, Odes III, 6:1 (C. Bennett trans. Killing without a motive can usually be just as wicked as killing after detached reflection about one's goals." Tison was under a mesquite tree, about a mile and half from the where the van crashed. In Tison, Ricky and Raymond Tison helped plan and carry out the escape of two convicted murderers from prisonone of whom, Gary Tison, was serving a life sentence for killing a guard in the course of a previous escape. Id., at 447-448, 690 P.2d, at 748-749. The accomplice liability provisions of Arizona law have been modernized and recodified also. The capital murder charges were based on Arizona felony-murder law providing that a killing occurring during the perpetration of robbery or kidnaping is capital murder, Ariz.Rev.Stat.Ann. Ricky stated that they had returned with the water, but were still some distance ("farther than this room") from the Lincoln when the shootings started, id., at 40-41, 111, and that the brothers then turned away from the scene and went back to the Mazda, id., at 113. Ricky Wayne TISON and Raymond Curtis Tison, Petitioners v. ARIZONA. . The Arizona Supreme Court thus attempted to comply with Enmund by making a finding as to petitioners' mental state. denied, 465 U.S. 1051, 104 S.Ct. Petitioners devote a substantial portion of their brief on the merits to arguing that Arizona has given an unconstitutionally broad construction to the aggravating factors in its capital sentencing statute. 50-51, 91. To do less is simply to socialize vigilantism. Idaho Code 19-2515(g) (Supp.1986); Okla.Stat., Tit. Raymond Tison was told that he was to wait by the vehicle and flag someone down to help him with the flat tire. "From these facts we conclude that petitioner intended to kill. Thus in only one caseEnmundhad someone (such as the Tisons) who had neither killed nor intended to kill received the death sentence. 693, 699, 36 L.Ed. I therefore stress that nothing in the Court's opinion abrogates the State's responsibility independently and fairly to consider all the relevant evidence before applying the Court's new standard. Greenawalt and Ricky and Raymond Tison were taken into custody. See, e.g., Clines v. State, 280 Ark. After he had been in prison a number of years, Gary Tison's wife, their three sons Donald, Ricky, and Raymond, Gary's brother Joseph, and other relatives made plans to help Gary Tison escape again. ricky and raymond tison 2020. by chloe calories quinoa taco salad. The tower guards assumed they were all departing visitors. Ibid. Ganter and a codefendant committed an armed robbery of a store, during which Ganter killed one of the store's owners. In light of this evidence, it is not surprising that the Arizona Supreme Court rested its judgment on the narrow ground that petitioners could have anticipated that lethal force might be used during the escape, or that the state probation officerwho reviewed at length all the facts concerning the sons' mental statesdid not recommend that the death sentence be imposed. All records are subject to change and, while every effort is made to ensure the information available is current and accurate, it may contain errors. denied sub nom. Ricky and Raymond Tison were tried, convicted and sentenced to death. 4612-2-PC. The proceedings below illustrate how, under the felony-murder doctrine, a defendant may be held liable and sentenced to death for a murder that he or she neither committed nor intended to commit. Geordie Shore's Marnie Simpson was once engaged to TOWIE star Ricky Rayment (Image: Wenn) He since called the relationship the "biggest mistake of his life" and said he "doesn't miss her at all . Like Raymond, he intentionally brought the guns into the prison to arm the murderers. See Carlos v. Superior Court, supra, at 147-152, 197 Cal.Rptr., at 90-94, 672 P.2d, at 873-877. Each of petitioners' actions was perfectly consistent with, and indeed necessary to, the felony of stealing a car in order to continue the flight from prison. Since Enmund's own participation in the felony murder was so attenuated and since there was no proof that Enmund had any culpable mental state, Enmund v. Florida, supra, 458 U.S., at 790-791, 102 S.Ct., at 3373-74, the death penalty was excessive retribution for his crimes. Petitioner played an active part in the events that led to the murders. This case thus illustrates the enduring truth of Justice Harlan's observation that the tasks of identifying "those characteristics of criminal homicides and their perpetrators which call for the death penalty, and [of] express[ing] these characteristics in language which can be fairly understood and applied by the sentencing authority appear to be . Enmund, supra; State v. Emery, [141 Ariz. 549, 554, 688 P.2d 175, 180 (1984) ] filed June 6, 1984. Ante, at 151. 200.030(1)(b), 200.030(4), 200.033(4)(a)-(b) (1985). As we have shown, supra, at ----, this standard amounted to little more than a requirement that killing be foreseeable. He robbed these people at their direction and then guarded the victims at gunpoint while they considered what next to do. 76-5-202(1) (Supp.1986); Va.Code 18.2-31 (Supp.1986). Gary Tisonwas first jailed in 1960, after robbing a grocery store when he was just 25 years old. 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