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Current Death Penalty News Items_______________________
- Last death sentence under 1995 statute reversed by Court of Appeals. Citing Flawed Law, Spilt Panel Vacates Final Death Sentence, New York Law Journal (NY), October 24, 2007
- Last appeal under New York's defunct 1995 death penalty statute was heard by the Court of Appeals. Court Mulls Repercussions of Altering Death Ruling, New York Law Journal (NY), September 11, 2007
- Assembly will not take action on proposal to restore death penalty in this session according to Speaker. Execute NY Cop Killers? Not This Year, Says Silver, NY Daily News (NY), May 10, 2007
- Prompted by recent shootings of State Troopers in DelawareCounty, the legislative leadership plans to meet to discuss capital punishment legislation. Death Penalty Bill Urged, Albany Times Union (NY), April 26, 2007
- Governor Spitzer issues statement urging patience before considering legislative requests for a new death penalty law. Governor: Now Is Not the Time to Debate Death Penalty, Albany Times Union [Blog] (NY), April 25, 2007
- Attorney General will not participate in the final death penalty case to be heard in NY Court of Appeals.Attorney General Opts Out of Last Death Penalty Case, New York Law Journal (Queens), April 5, 2007
- Senate Codes Committee approved bill to revive capital punishment for murder victims who are members of law enforcement. Death Penalty Bill Gets Senate Committee OK, Ithaca Journal (NY), March 10, 2006
- New Yorkers Against the Death Penalty cautioned against rush to restore capital punishment after arraignment of suspect in death of NYC police officer. Slaying Reopens Death Penalty Debate, Newsday (NYC), November 30, 2005
- Attorney General Spitzer's limited support of death penalty has raised concerns. Death Penalty Opponents Urge Spitzer Not to Support Statute's Reinstatement , New York Law Journal (NY), November 21, 2005
- Court of Appeals set aside death sentence in Robert Shulman case, and elaborated on interpretation of serial murder statute. Similar Fashion Murder Degree Test Is Clarified, New York Law Journal (NY), October 26, 2005
- Rochester branch of Capital Defender Office closed due to budget cuts. Local Capital Defender Office Faces Bittersweet Closing , Rochester Democrat and Chronicle (MonroeCounty), September 24, 2005
- Amicus brief filed by Association of the Bar of the City of New York in People v. Shulman asks Court of Appeals to declare death penalty unconstitutional. Court Urged to Rule on Constitutionality of Capital Statute , New York Law Journal (NY), September 6, 2005
- Assembly Codes Committee voted against submitting a bill to restore the death penalty to the full house. Assembly Committee Defeats Death Penalty Bill , Rochester Democrat and Chronicle (NY), April 12, 2005
- Senate passes bill to address constitutional problems with death penalty, while Assembly hearing report is pending. Senate Approves Death Penalty Bill, Albany Times Union (NY), March 10, 2005
- Assembly cautiously reevaluating death penalty, while Senate seeks to move forward on reinstatement. Emotional Issue Reveals Divisions, Albany Times Union (NY), March 2, 2005
- Chairwoman of the Assembly Judiciary Committee Helene Weinstein expresses doubts about death penalty. Switch by Former Supporter Shows Evolution of Death Law, New York Times (NY), February 28, 2005
- Opposition by legislators to New York's death penalty has reduced the chances of its restoration. Death Penalty Seems Unlikely to Be Revived, New York Times (NY), Feb. 11, 2005
- Federal judge assigned state Capital Defender Office to represent New York man facing federal death penalty. State Lawyers Assigned to US Capital Case, New York Law Journal (EDNY), February 9, 2005
- Witnesses on both sides of death penalty debate gave testimony at Assembly Hearings held in Albany. Assembly Committees Hear Testimony on Death Penalty, New York Law Journal (NY), January 26, 2005
Current Developments Outside of New York State_________
- Stevens Opposes ‘Pointless’ Death Penalty, ABA Journal Law News Now (US), April 16, 2008
- Face-To-Face Jury Questioning Urged In Death Penalty Cases, New York Law Journal (2nd Cir), December 31, 2007
- Executions in U.S. Decline to 13-Year Low, Study Finds, New York Times (US), December 19, 2007
- ABA Calls for National Execution Moratorium, ABA Law Journal News Now (US), October 29, 2007. For a copy of the report, click here.
- The Death Penalty, ABA Human Rights Magazine, Spring 2007
- Matter of Life or Death, Atlanta Journal-Constitution (GA), September 24-26, 2007
- Capital Case Tests Post-Conviction Counsel, National Law Journal (FL), September 3, 2007
- Study Says Habeas Reviews Are Actually Slower Since 1996 'Fast-Track' Law, National Law Journal (US), September 3, 2007
- Justice Kennedy: The Man in Control of the Death Penalty, New York Law Journal (US), August 28, 2007
- Fast-Tracking Death Penalty Cases Is Bad Law, Arizona Daily Sun (US), August 26, 2007
- ABA Calls AG's Fast-Track Authority 'Seriously Flawed', National Law Journal (US), August 31, 2007
- ABA Objects to Death Penalty Proposal, ABA Journal News (US), August 30, 2007
- Fast-Track Review of Capital Cases Put on Hold, National Law Journal (US), August 20, 2007
- States Deal With Dearth of Attorneys Willing to Take Capital Cases, National Law Journal (US), July 2, 2007
- Supreme Court Blocks Execution of Delusional Killer, New York Times (US), June 29, 2007
- Suicides Surpass Executions as Cause of Death on California Death Row, Union-Tribune (CA), June 12, 2007
- New Jersey Court Voids Death Penalty Conviction, New York Times (NJ), June 6, 2007
- New Jersey Moves Closer to Abolishing Death Penalty, New York Times (NJ), May 11, 2007
- New Jersey to Consider Abolishing Death Penalty, Associated Press (NJ), May 6, 2007
- Federal Death Penalty Stalls, National Law Journal (US), April 30, 2007
- Drugs Used in Executions May Cause Paralysis, Pain for Conscious Inmates, Washington Post (US), April 24, 2007
- Death No More, Dallas Morning News (TX), April 18, 2007
- Protect the Mentally Ill, National Law Journal (US), April 16, 2007
- Politics of Life and Death, Enquirer (OH), April 15, 2007
- Split Grows on Hearsay Evidence, National Law Journal (US), April 9, 2007
- Resistance to Death Penalty Growing , Chicago Tribune (US), April 8, 2007
- Mitigation Investigation , Champion (US), March 2007
- Executions Halted as Doctors Balk, Stateline.org (US), March 21, 2007
- Georgia Murder Case's Cost Saps Public Defense System, New York Times (GA), March 21, 2007
- A Slow Death, New York Times (US), March 15, 2007
- Law Enforcers Oppose Death Penalty , Baltimore Sun (MD), March 14, 2007
- Death Penalty Challenges Build, National Law Journal (US), March 5, 2007
- Study Draft Decries Execution Appeals Process, USA Today (US), March 1, 2007
- Uncommon Path to Death Row, Kansas City Star (KS), February 25, 2007
- To Push Death Penalty or Not: Prosecutors Asked in Court to Explain How They Decide, Hartford Courant (CT), February 24 2007
- When Life Without Parole Is Worse Than Death, Star-Ledger (NJ), February 4, 2007
- Federal Prosecutors Widen Pursuit of Death Penalty as States Ease Off, Wall Street Journal (US), February 3, 2007
- Lethal Injection on Trial, Stateline.org (US), January 17, 2007
- A Deal With Death: More States Make Child Molestation a Capital Crime¥And Face Likely Challenges,ABA Journal (US), January 10, 2007
- Prosecutors Must Testify; Justice Refuses to Quash Subpoenas in Death Penalty Case, Journal Inquirer (CT), January 5, 2007
- U.S. Death Sentences Drop to 30-Year Low, Washington Post (US), January 5, 2007
- Death Be Not So Complicated, ABA Journal (US), January 4, 2007
- Panel Seeks End to Death Penalty for New Jersey , New York Times (NJ), January 3, 2007
- Judge Severs Case to Avert Speedy Trial Rule Violation , New York Law Journal (SDNY), December 28, 2006
- Delusional System of Justice, Washington Post (US), December 26, 2006
- Families of Condemned Are Victims, Report Says, Boston Globe (US), December 24, 2006
- Federal Judge's Ruling Bans Executions in California, Recorder (CA), December 18, 2006
- On Death Row, Fate of Mentally Ill Is Thorny Problem , Wall Street Journal (US), December 14, 2006
- Man Executed Takes 34 Minutes to Die , Florida Today (FL), December 13, 2006
- Growing Plea for Mercy for the Mentally Ill on Death Row, New York Times (US), November 23, 2006
- Texas Court Tells Bush to Back Off, American Bar Association Journal (TX), November 17, 2006
- High Court Moves to Reinstate California Man's Death Sentence, Law.com (US), November 14, 2006
- Condemned Inmates Often Get Sedatives, Washington Post (US), November 6, 2006
- Death by Good Intentions, Washington Post (US), October 15, 2006
- Death Row Inmate's Tale Makes Case Against Death Penalty, Madison.com (FL), August 30, 2006
- Convict's Odds Today May Rest on Gibberish , San Antonio Express-News (TX), August 24, 2006
- Citing Conflict, Judge Disqualifies Counsel in Death Case , New York Law Journal (EDNY), August 18, 2006
- Defendants Facing Death Have Right to Confront Witnesses, Union-Tribune (CA), August 18, 2006
- New York Second in Nation for Federal Capital Cases , New York Law Journal (US), August 2, 2006
- Report on Wrongly Imprisoned Jerseyans Fuels Death-Penalty Debate, Associated Press (NJ), July 19, 2006
- If You Lose, You Get Death, Daily Herald (IL), July 18, 2006
- Death Penalty Disquiet on High Court Echoes Earlier Time, Legal Times (US), July 12, 2006
- Texas Urged to Probe Claims of Wrongful Executions, Chicago Tribune (TX), July 7, 2006
- Report on Wrongly Imprisoned Jerseyans Fuels Death-Penalty Debate, Associated Press (NJ), July 19, 2006
- If You Lose, You Get Death, Daily Herald (IL), July 18, 2006
- Death Penalty Disquiet on High Court Echoes Earlier Time, Legal Times (US), July 12, 2006
- Texas Urged to Probe Claims of Wrongful Executions, Chicago Tribune (TX), July 7, 2006
- US Anesthesiologists Asked Not to Help Execute Death Sentences , Yahoo! News (US), July 3, 2006
- Arizona, Texas Lose Death Penalty Appeals , New York Times (US), June 30, 2006
- Ohio Revamps Lethal-Injection Procedure, Plain Dealer (OH), June, 29, 2006
- Did This Man Die for This Man¥s Crime?, Chicago Tribune (TX), June 24, 2006
- Doctors See Way to Cut Suffering in Executions , New York Times (US), June 23, 2006
- Lethal Injection Stays Not Consistent in US, National Law Journal (US), May 22, 2006
- Moussaoui Verdict Highlights Where Juries Fear to Tread, New York Times (US), May 5, 2006
- Inmate Wrongly Executed , Chicago Tribune (TX), May 3, 2006
- Trouble Finding Inmate's Vein Slows Lethal Injection in Ohio , New York Times (OH), May 3, 2006
- In Death Row Case, Justices Order Retrial Over Evidence, New York Times (US), May 1, 2006
- Concerns About Pain Put Lethal Injection on Trial , Los Angeles Times (US), April 24, 2006
- Judges Set Hurdles for Lethal Injection, New York Times (US), April 12, 2006
- Attorney Blasts Death Notice as a 'Sham', New York Law Journal (EDNY), April 6, 2006
- Judge's Conduct Overturns Death Sentence, Recorder (CA), March 8, 2006
- Death Penalty Trials a Painstaking Process, Oregon Live (US), February 27, 2006
- Supreme Court Refuses to Broaden Death Penalty Review , Associated Press (US), February 27, 2006
- High Court Says Death Penalty Defendants Have No Right to Use Alibis at Sentencing, Associated Press (US), February 23, 2006
- Doctors Face Ethics Showdown in Execution Case, MSNBC (CA), February 22, 2006
- Lawmakers Apologize to the 100th Person Freed From Death Row, DPIC (AZ), February 21, 2006
- Judges Rescind Death Penalty , Baltimore Sun (MD), February 14, 2006
- Judge Rules California Must Alter Protocol for Executions , Union Tribune (CA), February 14, 2006
- Evans Pleads in Video, Baltimore Sun (MD), February 1, 2006
- Stop Georgia Death Penalty Until Problems Solved, Report Says, FultonCounty Daily Report (GA), February 1, 2006
- Patriot Act Provision Could Limit Inmate Appeals, Knight Ridder (US), January 31, 2006
- Death Row Blogger's Advice for Life, MSNBC (MD), January 27, 2006
- High Court to Hear Lethal-Injection Case, Washington Post (US), January 26, 2006
- Unlikely Champion in Execution Fight, Miami Herald (US), January 26, 2006
- Executions by Federal Government on the Rise, MSNBC (US), January 25, 2006
- Death Row Inmates' Attorneys Receive Victory, NewsOK.com (OK), January 24, 2006
- California Executes Death Row Inmate, 76 , Los Angeles Times (CA), January 17, 2006
- Supreme Court Splits Over Fairness of California Death Sentence, Associated Press (US), January 11, 2006
- California Prosecutors Urge Execution Moratorium, Mercury News (CA), January 10, 2006
- NJ Lawmakers Suspend Death Penalty, Boston Globe (NJ), January 10, 2006
- Changing Attitudes About the Death Penalty , Washington Post (US), January 2, 2006
- The Year in Death, Washington Post (US), January 2, 2006
- Disability Act Raised in Capital Case, Sacramento Bee, December 29, 2005
- Death Sentences Show Decline Nationwide, Los Angeles Times (US), December 22, 2005
- Lawyers: Don't Let Doctors Perform Executions, Atlanta Journal-Constitution (GA), December 21, 2005
- [Death Penalty on Hold] News in Brief From the New Jersey Statehouse, Newsday (NJ), December 15, 2005
- European Parliament President Calls for End to Capital Punishment, Associated Press (EU), December 12, 2005
- Mexico Outlaws Death Penalty , Houston Chronicle (MX), December 9, 2005
- More in US Expressing Doubts About Death Penalty , Washington Post (US), December 2, 2005
- Death Row: Does Personal Reform Count?, Christian Science Monitor (US), November 29, 2005
- High Court to Tackle Death Penalty Appeals, New York Times (US), November 29, 2005
- Congress Moves to Limit Prisoner Habeas, National Law Journal (US), November 23, 2005
- Death Penalty Cost $253Million, Newsday (NJ), November 21, 2005
- Bill Would Allow Second Attempts at Federal Death Sentence, New York Times (US), October 26, 2005
- In Twisted Tale, Death Penalty Tossed Due to Bad Lawyer, Recorder (9th Cir), October 19, 2005
- More Fuel Added to Debate Over Federal Habeas Review: New Data, New Bill Intensify the Exchange, National Law Journal (US), October 20, 2005
- In Twisted Tale, Death Penalty Tossed Due to Bad Lawyer, Recorder (9th Cir), October 19, 2005
- Supreme Court Rules Against Mentally Retarded Death Row Inmate, Associated Press (US), October 17, 2005
- High Court Lets Stand 'No Bible' Ruling, Christian Science Monitor (US), October 4, 2005
- Inching Away From Death? Ineffective-Assistance Rulings Show High Court Wary of Lawyering in Capital Cases , American Bar Association Journal (US), September 16, 2005
- US Judge Throws Out Death Sentence, Citing Instructions, Lawyer, Associated Press (PA), August 17, 2005
- Justices Expand Ineffective Assistance Doctrine to Include Broader File Search , Legal Times (US), June 21, 2005
- Defendant Avoids Death in Federal Murder Case: Verdict Is Third Manhattan Rejection of Ultimate Penalty , New York Law Journal (SDNY), May 13, 2005
- Using Software to Model Death Row Outcomes, Christian Science Monitor (US), April 27, 2005
- Fewest Added to Death Row Since 1976, Associated Press (US), April 26, 2005
- Death Penalty - 34 States Permit Executions , Stateline.org (US), April 19, 2005
- High Court Rules Death Row Inmate's Religious Conversion Properly Considered at Trial , Associated Press (US), March 23, 2005
- White House's Capital Venture, Legal Times (US), March 23, 2005
- Leaving No Doubt, Chicago Tribune (IL), March 16, 2005
- US Quits Pact Used in Capital Cases, Washington Post (US), March 10, 2005
- President Bush Orders Courts to Give Foreign Nationals on Death Row Further Review , International Herald Tribune (US), March 4, 2005
- Death Row Often Means a Long Life , Los Angeles Times (CA), March 6, 2005
- 'Ambivalence' on Death Penalty Is Costly for California, Tri-Valley Herald (CA), March 6, 2005
- Ruling May Spur New Death Penalty Challenges, American Bar Association Journal (US), March 4, 2005
- States Reconsidering Use of Capital Punishment, Associated Press (US), March 2, 2005
- Supreme Court Bars Death Penalty for Juvenile Killers, New York Times (US), March 1, 2005
- Sister of Mercy: Four Years After Her Family Was Murdered by Jonathan Mills, Nancy Filiault Speaks Out Against the Death Penalty , New Haven Advocate (CT), Feb. 10, 2005
- President Plans Anti-Gang Initiative and Program to Train Lawyers in Death Penalty Cases, New York Times (US), February 3, 2005
- Max Soffar: A Jew on Death Row , Jerusalem Post (TX), February 2, 2005
- Connecticut Execution Puts the Spotlight on Death Row Syndrome, CNN (CT), February 1, 2005
- On Their Own on Death Row in Georgia , Los Angeles Times (GA), January 20, 2005
- Accidental Defenders: For 17 Years Ernest Ray Willis Sat on Death Row in Texas for a Crime He Didn't Commit , American Lawyer (TX), January 18, 2005
- Something's Broken Within Our Machinery of Death, Indianapolis Star (IN), January 16, 2005
- ACLU Says California's Use of Paralytic Drug During Executions Is Unconstitutional, ACLU Press Release (CA), January 13, 2005
- California Judge Rejects Novel Appeal to Halt Execution, Recorder (CA), January 11, 2005
- Court Finds Judge Unfair to Lawyer, Atlanta Journal-Constitution (GA), January 11, 2005
- Indiana Governor Removes Convict From Death Row, Associated Press (IN), January 7, 2005
Special Reports________________________________________
NEW YORK DEATH PENALTY PROJECT
The New York Law Journal has published a series of articles exploring the origins of New York's death penalty law and its ramifications.
- Troubling Account of a Wrongful Execution, May 7, 2002
- 1995 Capital Statute Should Be Stricken, May 7, 2002
- Death Penalty Hits Too Close to Home, May 7, 2002
- Judges Focus on Overturned Plea-Bargaining Procedures, May 7, 2002
- Attorneys Soldier on in the Face of Sharp Questioning by Panel, May 7, 2002
- 'Harris' Case Enters Appellate Endgame, May 7, 2002
- New York Has Drafted a Model for Country, May 7, 2002
- Court of Appeals Has Long History of Capital Cases, May 7, 2002
- High Spectator Interest Leads Court to Add Accommodations, May 6, 2002
- New York Is 38th State to Adopt Death Penalty , May 6, 2002
- The Other Death Row Inmates, May 3, 2002
- Capital Punishment Proves to Be Expensive , April 29, 2002
- Taking a Rational Approach to Capital Punishment Through Rational Eyes, April 29, 2002
- Death Row Renovations Cost State $1.3 Million Since 1995, April 29, 2002
- Death Appeal Is a Heavy Weight on the Court , April 29, 2002
- Few Federal Juries in New York Asked to Impose Death Penalty, April 22, 2002
- Death Verdicts Won in 3 Capital Cases, April 22, 2002
- Most District Attorneys Rely on Advice From Trusted Aides, April 22, 2002
- Three Centuries of Experience, Yet Core Issues Are Unresolved Process Still Raises Issues , April 15, 2002
- Death Penalty Number Executed Minimum, April 15, 2002
- [Genesis of New York's Death Penalty Law], April 15, 2002
- Highlights of the Assembly's All-Night Debate, April 15, 2002
- [Highlights of the Senate's Debate], April 15, 2002
- New York's Death Penalty Law, April, 8, 2002
- A Brooklyn Murder to Test 1995 Statute, April 8, 2002
- A Dozen Types of Murder Can Lead to Death Penalty, April 8, 2002
Reports_____________________________________________
Capital Punishment 2004 (BJS 2005). This report describes the characteristics of persons under sentence of death on December 31, 2004, and of persons executed in 2004. Preliminary data on executions by States during 2005 are included.
Death Penalty in New York (NYS Assembly 2005). This report analyzes the results of five public hearings on the death penalty conducted by the Assembly to evaluate restoration of the death penalty. The report summarizes testimony presented at the hearings, the history of the death penalty in New York, and highlights a number of topic areas addressed at the hearings.
Empire State Injustice: Based Upon a Decade of New Information, A Preliminary Evaluation of How New York's Death Penalty System Fails to Meet Standards for Accuracy and Fairness (ABCNY 2005). This report reviews a large body of evidence highlighting flaws in New York's death penalty. It covers the following topics: informant testimony; witness testimony and scientific corroboration; videotaping interrogations; lineup procedures; independent review of scientific evidence; narrower list of death penalty eligibility factors; use of different juries for each stage of a bifurcated capital trial; heightened burden of proof; and discretion of judges to overturn death sentences they believe are unwarranted. The report was prepared by the Committee on Capital Punishment, Association of the Bar of the City of New York.
How the Death Penalty Weakens US International Interests (ACLU 2004). This report describes worldviews on the death penalty in the United States, and its impact on international relations. The report was prepared by the Capital Punishment Project of the American Civil Liberties Union.
Forgotten Population: A Look at Death Row in the United States Through the Experiences of Women (ACLU 2004). This report describes experiences, conditions, and problems of women on death row in the United States. It also addresses issues such as ineffective assistance of counsel, prosecutorial and law enforcement misconduct, sentencing disparities, and solitary confinement. The report was prepared by the American Civil Liberties Union.
Capital Punishment 2003 (BJS 2004). This report describes the characteristics of persons on death rows nationwide and those executed in 2003. Preliminary data on executions in 2004 include state, method used and race of inmate. This report was prepared by the US Department of Justice, Bureau of Justice Statistics.
Washington's Death Penalty System: A Review of the Costs, Length, and Results of Capital Cases in Washington State (2004). This report analyzes the legal and resource implications of Washington's current capital punishment process. The report was prepared by the Washington Death Penalty Assistance Center.
Innocence and the Crisis in the American Death Penalty (DPIC 2004). This report focuses on wrongful convictions in death penalty cases. It examines the impact that the increasing numbers of innocent defendants on death row is having the on the debate over capital punishment. The report was prepared by the Death Penalty Information Center.
Law Reviews and Scholarly Articles______________________
- Lethal Injection: A Stain on the Face of Medicine, 325 British Medical Journal 1026 (2002)
- When Legislatures Delegate Death: The Troubling Paradox Behind State Uses of Electrocution and Lethal Injection and What it Says About Us, 63 Ohio State Journal (No. 1) (2001)
- Is the Death Penalty Good for Women?, 4 Buffalo Criminal Law Review 917 (2001)
- Staying Alive: Executive Clemency, Equal Protection, and the Politics of Gender in Women's Capital Cases , 4 Buffalo Criminal Law Review 967 (2001)
- Symposium:Addressing Capital Punishment Through Statutory Reform, 63 Ohio State Law Journal (No. 1) (2002)
- The Anatomy of an Execution: Fairness vs. Process, 74 N.Y.U. Law Rev. 313 (1999)
- United States of America. Speaking Out: Voices Against Death (Amnesty International October 1999)
- Constitutional Prohibitions of the Death Penalty (Amnesty International October 1999)
- The ABA's Proposed Moratorium on the Death Penalty, Law and Contemporary Problems, Autumn 1998
- Death Penalty For Female Offenders: January 1973 to June 1999 (Professor Victor L. Streib, ClaudeW.PettitCollege of Law, Ohio Northern University)
- Supremes: Judge Can Mislead Jurors About Parolability of Capital Defendant, Indigent Defense, July/August, 1999
- Why Capital Cases Require Mitigation Specialists, Indigent Defense, July/August, 1999
- The Anatomy of an Execution: Fairness vs. Process, 74 NYU Law Review 313 (1999) (PDF version)
- Joel F. Donahoe, The Changing Role of Victim Impact Evidence in Capital Cases, 2 Western Criminology Review (1999)
- Alexander Rundlet, Opting For Death: State Responses to the AEDPA's Opt-In Provisions And The Need For A Right To Post-Conviction Counsel, 1 University of Pennsylvania Journal of Constitutional Law(1999)
Research Links___________________________________
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