IA - Shirley Carter, 68, shot to death, Lacona, 19 June 2015 *Son Arrested*

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Jason Carter, charged with killing mother, will not get new civil trial, Iowa judge rules

Published 12:26 PM EST Feb 1, 2019

A central Iowa man who could soon stand trial for murder will not get a new civil trial after he was found civilly responsible for killing his mother, a judge ruled Friday.

In her order, Judge Martha Mertz said Jason Carter, 46, of Knoxville failed to meet his burden of proof to get a new trial or to vacate the judgment after a civil jury in December 2017 ordered him to pay $10 million to his mother's estate.
 
Lawyers want another look at civil case
Jason Carter’s team files new motion

February 8, 2019

"KNOXVILLE — After their motion to vacate a civil jury’s verdict against Jason Carter, his team of lawyers have filed a motion for another review.

Attorneys for Jason Carter said the judge did not review all of their new evidence when making the decision to deny their motion for a new trial.

In a motion filed Wednesday, Jason Carter’s attorneys outline six evidence offerings that were not reviewed by the court in their Jan. 31 decision:

— Bill Carter’s statements regarding rigor mortis,

— Photographs of Jason Carter assembling the gun safe,

— Evidence of additional fingerprint on the gun safe,

— Recordings of Curt Seddon’s statements regarding “two holes,”

— Jason Carter’s statements to Mark Ludwick indicating he looked at evidence receipts,

— and law enforcement testimony at hearing.

Their motion states “the evidence listed above was crucial to [Carter’s] argument that the civil verdict from December 2017 should be overturned. The Court did not address the evidence in its ruling.”..."

Lawyers want another look at civil case
---------------------------------------------------------------------------------------------------------------------------------------
 
Thursday, February 14th:
*Hearing (re Murder Case) (@ 9am CT) – IA – Shirley Carter (68) (June 19, 2015, Lacona) – *Jason Gene Carter (45) “son” arrested (12/17/18) & charged (12/18/18) with 1st degree murder. Plead not guilty. $1M bond.
A civil suit was brought against Jason by his father & siblings re mother’s death; 12/17/17 Jury unanimous decision that a preponderance of evidence existed he was liable for his mother’s death.
5/2/18: Motion of change of venue was granted. Murder trial starts Mar, 2019. 12/20: Waived speedy trial.
10/17/18: Judge vacated jury’s verdict in civil suit. Hearing will be scheduled within 3 weeks, if not scheduled with 20 days one will be ordered before end of December.
11/5/18: Monday, Marion County District Court Judge Martha Mertz ordered the two-day hearing to be held Dec. 10-11. If the judge agrees the new evidence would have changed the outcome, she can vacate the judgment or order a new civil trial. 12/10/18: Murder trial starts in March, 2019.
12/11/18 Update: Marion County Judge Martha Mertz set a deadline for the attorneys to file briefs in 2 weeks. She planned to decide within 60 days from that time whether to overturn the $10 million civil judgment against Jason Carter or grant him a new civil trial. 12/11/18: Continued to Wed. 12/12. 12/13/18 Day 3: The judge says she is not going to make a decision today. Both sides have two weeks to submit any final briefs and then she will make her ruling after that (she has 60 days). 12/20/18: Waived speedy trial re murder charge.
1/24/19: Murder charge: Next hearing on 2/14, Final Pretrial hearing on 2/22/19.
1/29/19 Update: Judge has moved trial from Marion County to Council Bluffs in Pottawattamie County. The trial will begin March 4. All pre-trial hearings, including one scheduled for Feb. 22, will be held in Marion County.
2/2/19 Update: Judge rules Carter will not get a new civil trial after he was found civilly responsible for killing his mother.
2/6/19 Update: Attorneys for Jason Carter said the judge did not review all of their new evidence when making the decision to deny their motion for a new civil trial. In a motion filed Wednesday (2/6/19), Carter’s attorneys outline 6 evidence offerings that were not reviewed by the court in their Jan. 31 decision: — Bill Carter’s statements regarding rigor mortis,— Photographs of Jason Carter assembling the gun safe,— Evidence of additional fingerprint on the gun safe,— Recordings of Curt Seddon’s statements regarding “two holes,”— Jason Carter’s statements to Mark Ludwick indicating he looked at evidence receipts,— and law enforcement testimony at hearing.
 
PRE-TRIAL MOTIONS HEARD IN KNOXVILLE IN CARTER CASE

February 15, 2019

"The prosecution and defense in the trial of a Marion County man charged with his mother’s murder have each offered their take on how to present key evidence to a jury, in advance of the trial next month.

The court on Thursday heard arguments on elements of the case involving Jason Carter; he’s charged with the June 2015 shooting death of his mother Shirley, and decisions on how to put a variety of evidence and testimony before a jury are being made before the case moves to a different venue, in Council Bluffs....

The court has given both sides time to file additional motions; the defense has until Monday morning, while the state has until next Wednesday morning.

The defense also filed a motion to dismiss on Thursday morning, which will be addressed at a pre-trial conference next Friday."

Pre-Trial Motions Heard in Knoxville in Carter Case
-----------------------------------------------------------------------------------------------------------------------------------------
 
YESorNO from article said:
The defense also filed a motion to dismiss on Thursday morning, which will be addressed at a pre-trial conference next Friday."
Click to expand...

Next Friday 2/22.

Since I can't access the article you posted I was wondering about the court date of 2/19 (2/13/19 entry below) & the 2/11/19 entry for 3/18. Wondering if these will still take place?

ORDER FOR TRANSPORTATION MCCALL BRADLEY M 02/13/2019 02/13/2019 02/13/2019
Comments: MARION CO SHERIFF'S OFFICE SHALL TRANSPORT R.S. FROM NEWTON
CORR FAC FOR DEPOS ON 02/19/2019 @ 2:30 PM ; AND TRANSPORT
BACK TO N.C.F. CERT'D COPIES TO SHERIFF.

WRIT OF HABEAS CORPUS MCCALL BRADLEY M 02/11/2019 02/11/2019 02/11/2019
Comments: POLK CO SHERIFF SHALL TRANSPORT T.C., WHO IS IN CUSTODY OF
US MARSHAL SO DIST IA, TO POTTAWATTAMIE COUNTY FOR
03/18/2019 @ 9:00 AM. CERT'D COPIES TO POLK CO SHERIFF; US
MARSHAL SO DIST IA.

OTHER ORDER MCCALL BRADLEY M 02/08/2019 02/08/2019 02/08/2019
Comments: GRANTING REQUEST FOR EXPANDED MEDIA COVERAGE. EMAILED TO
MEDIA COORD; COPY MAILED TO POTT CO CLERK.

OTHER ORDER MCCALL BRADLEY M 01/24/2019 01/24/2019 01/24/2019
Comments: FINAL PRETRIAL CONFERENCE HEARING 02/22/2019 09:00 AM MACS.


link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm
 
Re from above:

WRIT OF HABEAS CORPUS MCCALL BRADLEY M 02/11/2019 02/11/2019 02/11/2019
Comments: POLK CO SHERIFF SHALL TRANSPORT T.C., WHO IS IN CUSTODY OF
US MARSHAL SO DIST IA, TO POTTAWATTAMIE COUNTY FOR
03/18/2019 @ 9:00 AM. CERT'D COPIES TO POLK CO SHERIFF; US
MARSHAL SO DIST IA.


Does anyone think this will be the trial date? Did he get a change of venue? Polk County to Pottawattamie County?? Can't remember - getting too old! :rolleyes:
 
Attorneys prep for upcoming trial for Jason Carter (with clip)

Feb 15, 2019

"...During a hearing Thursday, attorneys discussed what they will present to the jury. Radio station KNIA/KRLS reported that Jason Carter's defense team wants to discuss other leads and suspects that investigators had.

The defense has a long list of potential witnesses and has subpoenaed nearly 100 people.

Prosecutors want to bring up Jason Carter's extramarital affair to establish a timeline through text messages the day Shirley Carter died.

Both sides have until next week to file more motions. The trial is scheduled for March 4 in Council Bluffs."

Attorneys prep for upcoming trial for Jason Carter
---------------------------------------------------------------------------------------------------------------------------------
 
Tuesday, February 19th:
*Deposition Hearing (@ 2:30pm CT) – IA – Shirley Carter (68) (June 19, 2015, Lacona) – *Jason Gene Carter (45) “son” arrested (12/17/18) & charged (12/18/18) with 1st degree murder. Plead not guilty. $1M bond.
Polk County to Pottawattamie County for trial.
Court dates from 5/2/18 to 2/6/19 reference here on #44 -https://www.websleuths.com/forums/threads/ia-shirley-carter-68-shot-to-death-lacona-19-june-2015-arrest.310510/page-3
2/14/19 Update: The court heard arguments on elements of the case against Carter charged with the June 2015 shooting death of his mother Shirley, & decisions on how to put a variety of evidence & testimony before a jury are being made before the case moves to a different venue, in Council Bluffs. Trial will start 3/4/19. The court has given both sides time to file additional motions; the defense has until Monday (2/18/19) morning, while the state has until next Wednesday (2/20/19) morning. The defense also filed a motion to dismiss on Thursday (2/14/19) morning, which will be addressed at a pre-trial conference next Friday, 2/22/19. Depo hearings on 2/19.
 
Looks like the court site has 3/5 as trial date, not the 3/4 as article says.... who do you believe article or court site? I'll go with the court site! :)

Event Filed By Filed Create Date Last Updated Action Date
RETURN OF SERVICE ON SUBPOENA WARREN COUNTY SHERIFF'S DEPT. 02/20/2019 02/20/2019 02/20/2019
Comments: J.S.
RETURN OF SERVICE ON SUBPOENA MARION COUNTY SHERIFFS OFFICE 02/20/2019 02/20/2019 02/20/2019
Comments: D.J.
RETURN OF SERVICE ON SUBPOENA MARION COUNTY SHERIFFS OFFICE 02/20/2019 02/20/2019 02/20/2019
Comments: B W
RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 02/20/2019 02/20/2019 02/20/2019
Comments: T.F.

BRIEF ROBINSON MATHIAS LEE 02/20/2019 02/20/2019 02/20/2019
Comments: 2/7/2019 IN RESISTANCE TO DEFENDANT'S REQUEST TO ADMIT
EVIDENCE OF FAILED EVIDENCE AND OTHER SUSPECTS

RETURN OF SERVICE ON SUBPOENA MARION COUNTY SHERIFFS OFFICE 02/20/2019 02/20/2019 02/20/2019
Comments: R.S.
RETURN OF SERVICE ON SUBPOENA MARION COUNTY SHERIFFS OFFICE 02/20/2019 02/20/2019 02/20/2019
Comments: A.S.
RETURN OF SERVICE ON SUBPOENA MARION COUNTY SHERIFFS OFFICE 02/20/2019 02/20/2019 02/20/2019
Comments: B.N.

BRIEF BRANSTAD CHRISTINE ELLEN 02/19/2019 02/19/2019 02/19/2019
Comments: 2/7/2019 AMENDED IN SUPPORT OF I. R. EVID. 5.104 REQUEST TO
ADMIT EVIDENCE

ORDER SETTING HEARING MCCALL BRADLEY M 02/18/2019 02/18/2019 02/18/2019
Comments: FINAL PRETRIAL CONF HEARING 02/26/2019 09:00 AM MACS.
TRIAL SHALL COMMENCE AT THE POTTAWATTAMIE CO COURTHOUSE ON
03/05/2019 @ 9:00 AM.
EMAILED TO RURAL CASE COORDINATOR. COPY MAILED TO POTT CO
CLERK.

BRIEF BRANSTAD CHRISTINE ELLEN 02/18/2019 02/18/2019 02/18/2019
Comments: 2/7/2019 IN SUPPORT OF I. R. EVID. 5.104 REQUEST TO ADMIT
EVIDENCE

ADDITIONAL MINUTES OF TESTIMONY ROBINSON MATHIAS LEE 02/15/2019 02/15/2019 02/15/2019
RETURN OF SERVICE - DILIGENT SEARCH DALLAS COUNTY SHERIFF 02/15/2019 02/15/2019 02/15/2019
Comments: UNABLE B.C.
COURT REPORTER MEMORANDUM AND CERTIFICATE 02/15/2019 02/15/2019 02/15/2019
RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 02/15/2019 02/15/2019 02/15/2019
Comments: ON POLK CO JAIL

RETURN OF SERVICE - DILIGENT SEARCH LINN COUNTY SHERIFF DPT 02/14/2019 02/14/2019 02/14/2019
Comments: T.E.

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm
 
Friday, February 22nd:
*Pretrial Hearing (re Murder Case) (@ 9am CT) – IA – Shirley Carter (68) (June 19, 2015, Lacona) – *Jason Gene Carter (45) “son” arrested (12/17/18) & charged (12/18/18) with 1st degree murder. Plead not guilty. $1M bond.
A civil suit was brought against Jason by his father & siblings re mother’s death; 12/17/17 Jury unanimous decision that a preponderance of evidence existed he was liable for his mother’s death. 2/2/19: Judge Martha Mertz rules Carter will not get a new civil trial after he was found civilly responsible for killing his mother.
Court dates from 5/218 to 2/6/19 reference here on #44 -https://www.websleuths.com/forums/threads/ia-shirley-carter-68-shot-to-death-lacona-19-june-2015-arrest.310510/page-3
2/14/19 Update: The court heard arguments on elements of the case against Carter charged with the June 2015 shooting death of his mother Shirley, & decisions on how to put a variety of evidence & testimony before a jury are being made before the case moves to a different venue, in Council Bluffs. The court has given both sides time to file additional motions; the defense has until Monday (2/18/19) morning, while the state has until next Wednesday (2/20/19) morning. The defense also filed a motion to dismiss on Thursday (2/14/19) morning, which will be addressed at a pre-trial conference next Friday, 2/22/19.
2/19/19 Update: Next pretrial hearing on 2/22, final pretrial hearing on 2/26. Trial set for 3/5/19.
 
Tuesday, February 26th:
*Final Pretrial Hearing (@ 9am CT) – IA – Shirley Carter (68) (June 19, 2015, Lacona) – *Jason Gene Carter (45) “son” arrested (12/17/18) & charged (12/18/18) with 1st degree murder. Plead not guilty. $1M bond.
A civil suit was brought against Jason by his father & siblings re mother’s death; 12/17/17 Jury unanimous decision that a preponderance of evidence existed he was liable for his mother’s death. 2/2/19: Judge Martha Mertz rules Carter will not get a new civil trial after he was found civilly responsible for killing his mother.
Court dates from 5/2/18 to 2/6/19 reference here on #44 -https://www.websleuths.com/forums/threads/ia-shirley-carter-68-shot-to-death-lacona-19-june-2015-arrest.310510/page-3
2/14/19 Update: The court heard arguments on elements of the case against Carter charged with the June 2015 shooting death of his mother Shirley, & decisions on how to put a variety of evidence & testimony before a jury are being made before the case moves to a different venue, in Council Bluffs. Trial will start 3/5/19. The court has given both sides time to file additional motions; the defense has until Monday (2/18/19) morning, while the state has until next Wednesday (2/20/19) morning. The defense also filed a motion to dismiss on Thursday (2/14/19) morning, which will be addressed at a pre-trial conference next Friday, 2/22/19. Depo hearings on 2/19.
2/19/19 Update: Next pretrial hearing on 2/22, final pretrial hearing re ruling on motion in limine (to exclude testimony re: statement analysis) on 2/26. Trial set for 3/5/19.
 
Here's the update on what happened on 2/22 from court site: (excuse the caps - just copying/pasting! :)

Event Filed By Filed Create Date Last Updated Action Date
OTHER ORDER MCCALL BRADLEY M 02/25/2019 02/25/2019 02/25/2019
Comments: RULING ON MOTIONS IN LIMINE
RETURN OF SERVICE - DILIGENT SEARCH MARION COUNTY SHERIFFS OFFICE 02/25/2019 02/25/2019 02/25/2019
Comments: UNABLE - J.S.
RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 02/25/2019 02/25/2019 02/25/2019
Comments: M.P.
RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 02/25/2019 02/25/2019 02/25/2019
Comments: S.K.
RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 02/25/2019 02/25/2019 02/25/2019
Comments: T.L.
RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 02/25/2019 02/25/2019 02/25/2019
Comments: T.J.
RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 02/25/2019 02/25/2019 02/25/2019
Comments: T.L.
RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 02/25/2019 02/25/2019 02/25/2019
Comments: M.M.
RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 02/25/2019 02/25/2019 02/25/2019
Comments: M.K.
RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 02/25/2019 02/25/2019 02/25/2019
Comments: R.J.
RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 02/25/2019 02/25/2019 02/25/2019
Comments: S.D.
RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 02/25/2019 02/25/2019 02/25/2019
Comments: S.F.
RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 02/25/2019 02/25/2019 02/25/2019
Comments: S.D.
RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 02/25/2019 02/25/2019 02/25/2019
Comments: M.F.
RETURN OF SERVICE ON SUBPOENA GRATIAS SCOTT 02/25/2019 02/25/2019 02/25/2019
Comments: M.D.

RESISTANCE ROBINSON MATHIAS LEE 02/24/2019 02/25/2019 02/25/2019
Comments: 2/7/2019 TO DEFENDANT'S MOTION IN LIMINE TO EXCLUDE
TESTIMONY RE: STATEMENT ANALYSIS
MOTION BRANSTAD CHRISTINE ELLEN 02/23/2019 02/25/2019 02/25/2019
Comments: 2/7/2019 ADDENDUM TO AMENDED BRIEF TO ADMIT EVIDENCE UNDER
5.104 (UNDER SEAL)
MOTION IN LIMINE BRANSTAD CHRISTINE ELLEN 02/23/2019 02/25/2019 02/25/2019
Comments: 2/7/2019 OPINIONS AS TO 911 CALL STATEMENTS (FILED UNDER
SEAL)
OTHER ORDER MCCALL BRADLEY M 02/22/2019 02/22/2019 02/22/2019
Comments: PSI FROM FECR026059 SHALL BE RELEASED TO COUNSEL ONLY, IN
THIS MATTER. EMAILED TO C BRANSTAD AND ED BULL.

WRIT OF HABEAS CORPUS MCCALL BRADLEY M 02/22/2019 02/22/2019 02/22/2019
Comments: US MARSHAL TO SURRENDER/RELEASE T.F. TO MARION CO SHERIFF.
CUSTODY BY 02/25/2019. CERT'D COPIES TO MARION CO. SHERIFF.
FAXED TO JAIL.
CALLED VM OF SHERIFF CIV DIV
RETURN OF SERVICE ON SUBPOENA MARION COUNTY SHERIFFS OFFICE 02/22/2019 02/22/2019 02/22/2019
Comments: C.S.
OTHER EVENT BRANSTAD CHRISTINE ELLEN 02/22/2019 02/22/2019 02/22/2019
Comments: WRIT OF HABEAS CORPUS AD TESTIFICANDUM
MOTION BRANSTAD CHRISTINE ELLEN 02/22/2019 02/22/2019 02/22/2019
Comments: FOR RELEASE OF EVIDENCE
RETURN OF SERVICE ON SUBPOENA MARION COUNTY SHERIFFS OFFICE 02/22/2019 02/22/2019 02/22/2019
Comments: C.S.

WRIT OF HABEAS CORPUS MCCALL BRADLEY M 02/21/2019 02/21/2019 02/21/2019
RETURN OF SERVICE ON SUBPOENA MARION COUNTY SHERIFFS OFFICE 02/21/2019 02/21/2019 02/21/2019
Comments: C.R.
OTHER APPLICATION BRANSTAD CHRISTINE ELLEN 02/21/2019 02/21/2019 02/21/2019
Comments: SECOND PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM
RESISTANCE ROBINSON MATHIAS LEE 02/21/2019 02/21/2019 02/21/2019
Comments: 2/7/2019 TO DEFENDANT'S MOTION TO DISMISS

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm
 
Event Filed By Filed Create Date Last Updated Action Date
EXHIBIT MCCALL BRADLEY M 02/26/2019 02/26/2019 02/26/2019
Comments: COURT'S EXHIBIT "A"

RETURN OF SERVICE ON SUBPOENA MARION COUNTY SHERIFFS OFFICE 02/26/2019 02/26/2019 02/26/2019
Comments: J.L.

OTHER ORDER MCCALL BRADLEY M 02/26/2019 02/26/2019 02/26/2019
Comments: HEARING 02/28/2019 01:00 PM MACS.

COURT REPORTER MEMORANDUM AND CERTIFICATE
02/26/2019 02/26/2019 02/26/2019

RETURN OF SERVICE ON SUBPOENA WARREN COUNTY SHERIFF'S DEPT. 02/26/2019 02/26/2019 02/26/2019
Comments: D.H.

RETURN OF SERVICE ON SUBPOENA MARION COUNTY SHERIFFS OFFICE 02/26/2019 02/26/2019 02/26/2019
Comments: C.S.

RETURN OF SERVICE ON SUBPOENA MARION COUNTY SHERIFFS OFFICE 02/26/2019 02/26/2019 02/26/2019
Comments: J.S.

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm
 
Thursday, February 28th:
*Final Pretrial Hearing (@ 1pm CT) – IA – Shirley Carter (68) (June 19, 2015, Lacona) – *Jason Gene Carter (45) “son” arrested (12/17/18) & charged (12/18/18) with 1st degree murder. Plead not guilty. $1M bond.
A civil suit was brought against Jason by his father & siblings re mother’s death; 12/17/17 Jury unanimous decision that a preponderance of evidence existed he was liable for his mother’s death. 2/2/19: Judge Martha Mertz rules Carter will not get a new civil trial after he was found civilly responsible for killing his mother.
Court dates from 5/2/18 to 2/6/19 reference here on #44 -https://www.websleuths.com/forums/threads/ia-shirley-carter-68-shot-to-death-lacona-19-june-2015-arrest.310510/page-3
2/14/19 Update: The court heard arguments on elements of the case against Carter charged with the June 2015 shooting death of his mother Shirley, & decisions on how to put a variety of evidence & testimony before a jury are being made before the case moves to a different venue, in Council Bluffs. Trial will start 3/5/19. The court has given both sides time to file additional motions; the defense has until Monday (2/18/19) morning, while the state has until next Wednesday (2/20/19) morning. The defense also filed a motion to dismiss on Thursday (2/14/19) morning, which will be addressed at a pre-trial conference next Friday, 2/22/19. Depo hearings on 2/19.
2/19/19 Update: Next pretrial hearing on 2/22, final pretrial hearing re ruling on motion in limine (to exclude testimony re: statement analysis) on 2/26. Trial set for 3/5/19.
2/26/19 Update: Hearing continued to 2/28.
 
Carter trial to begin Tuesday

A jury on the western side of the state will begin hearing the first-degree murder case against a Marion County man charged in his mother’s slaying. The trial is expected to take up to a month.

The trial was moved from Marion County due to extensive publicity of the killing in local, state and even national media. Dateline was on location during the civil trial and broadcast an episode about the case.
 
Jason Carter requests dismissal of murder trial

On Thursday, Jason Carter’s attorneys asked a Marion County judge to dismiss the case.

The defense also asked that the judge exclude some evidence that was presented during the civil trial because it could be unfairly prejudicial. The evidence includes information about Carter's financial status at the time of the murder.

Carter’s trial is scheduled to begin Monday in Council Bluffs.
 
Since I can't read the above article - I'm going to *advertiser censored*ume the Judge denied the motion to dismiss case....
 
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