Click a location below to find Patrick more easily. In 2010, Dale published his first book Kissing the Face of God. Questions Post Question ). Indeed, to so hold would effectively overrule Jurek [v. Texas, 428 U.S. 262, 96 S.Ct. cemeteries found within miles of your location will be saved to your photo volunteer list. There are innumerable ways that God calls people to be His shepherds. I can also sell you any car from any Berglund Location. To the contrary, the record in this case indicates otherwise. Since the underlying substantive merits of the claim have been held to be without merit, Walker cannot demonstrate the requisite deficient performance and actual prejudice to establish a claim of ineffective assistance of counsel. Save my name, email, and website in this browser for the next time I comment. In addition, Patrick is a freelance writer who has authored three fitness and exercise books, dozens of e-books, thousands of articles, and several fitness videos. On February 20, 1997, this Court denied the motion to withdraw based on the failure to comply with M.R.A.P. Your email address will not be published. The isolated tropical region is home to 40,000 people who practice a traditional lifestyle of farming and fishing. I immediately took part in training sessions at. But what about law enforcement officials that are supposed to be professionals at detecting lies, such as interrogators? (1)Failure by a prisoner to raise objections, defenses, claims, questions, issues or errors either in fact or law which were capable of determination at trial and/or on direct appeal, regardless of whether such are based on the laws and the Constitution of the state of Mississippi or of the United States, shall constitute a waiver thereof and shall be procedurally barred, but the court may upon a showing of cause and actual prejudice grant relief from the waiver. However, Walker's claims of ineffective assistance of counsel must fail because the Court addressed the merits of all of the claims relating to jury selection in its opinion on direct appeal. Weve updated the security on the site. Gladwell cites a famous case in which a Texas man named Patrick Dale Walker was charged after putting a gun to his girlfriend's head. Walker's next claim is that trial counsel was ineffective in failing to object to the admission of a photograph of Konya Edwards taken prior to her death. A system error has occurred. Your account has been locked for 30 minutes due to too many failed sign in attempts. 1441, 108 L.Ed.2d 725 (1990). 7. The Court considered this claim, held it to be procedurally barred from consideration, and then alternatively addressed the merits. This is one of the biggest criminal justice system problems. The best result we found for your search is Patrick Taylor Walker age 30s in Dallas, TX in the North Oak Cliff neighborhood. Babies who have poor cry have had some form of Birth asphyxia and depending on severity, can adversely affect the childs brain. Walker, 671 So.2d at 627. Texas. Ramseyer v. Wood, 64 F.3d 1432 (9th Cir.1995). Apparently, Walker is actually raising this claim as an ineffective assistance of counsel claim, thus he is entitled to no relief. Watching someones facial expressions is not a fail-proof way to see how that person is feeling. cemeteries found in Goodrich, Polk County, Texas, USA will be saved to your photo volunteer list. We have set your language to While this proposition discussed the claim in light of the guilt phase, the same evidence was considered during the sentencing phase after the jury had already found, beyond a reasonable doubt, that the murder had been committed during a sexual battery. See Wiggins v. Smith, 539 U.S. 510, 123 S.Ct. Profar is expected to . As he did on direct appeal, he relies on Morgan v. Illinois, 504 U.S. 719, 112 S.Ct. Please complete the captcha to let us know you are a real person. Comfort the family with flowers or a sympathy gift. Miss.Code Ann. They found that 400,000 of those defendants had been released by the judges that presided over their arraignments. Therefore, in looking to the merits of this claim, the instruction was a proper statement of the law in 1991 at the time of trial. Since the Court has already considered this claim on direct appeal and imposed a bar to this claim, it is now res judicata under Miss.Code Ann. (3)the doctrine of res judicata shall apply to all issues, both factual and legal, decided at trial and on direct appeal. Having failed to show both deficient performance and actual prejudice, Walker has failed to demonstrate that he received ineffective assistance of counsel by the failure to object to the introduction of the photograph of Konya Edwards prior to her death. Walker told the women they could earn annual returns of at least 15% from oil and gas projects in North Dakota. Thus, the merits of this claim have been decided against Walker. Try again later. The original pro se petition was obviously prepared by an attorney, but unsigned by an attorney. So, in an effort to keep our humanity, we make ourselves vulnerable to deception. D.Failure to Object to Portions of Dr. McGarry's Testimony. WERE WALKER'S RIGHTS UNDER THE EIGHTH AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION AND CORRESPONDING RIGHTS UNDER THE MISSISSIPPI CONSTITUTION BY THE PROSECUTION'S RACIALLY BIASED USE OF PEREMPTORY JUROR CHALLENGES. While nothing has thrilled me more than serving Gods people, there is also nothing that has hurt me more, stressed me more, frustrated me more than ministry. They have two daughters: Kate Dale and Mary Stoney. All photos appear on this tab and here you can update the sort order of photos on memorials you manage. The Defendant, alone or in conjunction with another, did wilfully, unlawfully and feloniously kill and murder Konya Rebecca Edwards by asphyxiation, said asphyxiation resulted in the death of Konya Rebecca Edwards; and. Walker has failed to demonstrate the proof required to sustain a claim of ineffective assistance of counsel for the failure to object to the granting of an instruction that sexual battery could be considered as an aggravating factor during the sentencing phase of his trial. 2. On average, these. (1)Comment on Walker's Failure to Testify. In an effort to explain this pattern, Levine returned to the tapes of his Trivia Experiment participants. See Walker, 671 So.2d at 630-31. Its clear from the Patrick Dale Walker story that looking at a stranger and assuming transparency has negative consequences. Explanatory excerpts from Stringer, upon which this Court has previously relied, follow: This requires showing that counsel's error were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. That is the confusing paradox of dealing with strangerswe need to communicate, but were terrible at it. Walker cannot relitigate this claim in this post-conviction review. WAS WALKER DENIED EFFECTIVE ASSISTANCE OF COUNSEL BY HIS TRIAL COUNSEL'S FAILURE TO CONDUCT A CONSTITUTIONALLY ADEQUATE VOIR DIRE EXAMINATION OF THE JURY VENIRE WITHIN THE MEANING OF STRICKLAND V. WASHINGTON AND IN VIOLATION OF HIS SIXTH AND EIGHTH AMENDMENT RIGHTS AS GUARANTEED UNDER THE UNITED STATES CONSTITUTION AND THE RELEVANT PORTIONS OF THE MISSISSIPPI CONSTITUTION. Alternatively, the Court addressed the substantive merits of the claim, finding that there was no comment on appellate review made by the prosecutor. To answer this question, Levine found interrogators with over 15 years of experience and asked them to watch the Trivia Experiment participants interviews. North America. The average age of a Johnson family member is 71. In short, Judge Solomon had to look a perfect stranger in the eye, assess his character, and decide if he deserved his freedom. While Walker contends that trial counsel should have done a better job in attempting to rehabilitate Zappie, he fails to identify a single unasked question that he contends counsel should have asked of Zappie to rehabilitate her. 466 U.S. at 687, 104 S.Ct. The Court held that this instruction was proper when read with the other instructions requiring the State to prove every element of the crime beyond a reasonable doubt. This very scenario was tested by two German psychologists. Both findings are required by Strickland. Clayton v. Thompson, 475 So.2d 439, 445 (Miss.1985). This site is provided as a service of SCI Shared Resources, LLC. Patrick Dale Walker A man named Patrick Dale Walker was arrested in Texas for trying to kill his girlfriend. Booking Date: 02-13-2023 - 3:14 pm. at 206, 96 S.Ct., at 2940, we lawfully may presume that McCleskey's death sentence was not wantonly and freakishly imposed, Id. Walker has failed to sustain this claim of ineffective assistance of counsel. DIAZ, J., NOT PARTICIPATING. The judge presiding over the case set bail at $1 million, and Patrick Dale Walker went to prison. Walker's next contention is that trial counsel was ineffective in failing to offer additional lesser-included offense instructions for consideration by the trial court. On a typical Thursday in Brooklyn, Judge Solomon was presiding over his courtroom. 2950, 49 L.Ed.2d 929 (1976)] and would substantially depart from the sense of Gregg and Proffitt [v. Florida, 428 U.S. 242, 96 S.Ct. On a typical Thursday in Brooklyn, Judge Solomon was presiding over his courtroom. He contends that the second claim is per se ineffective assistance of counsel. It is all too tempting for a defendant to second guess counsel's assistance after conviction or adverse sentence, and it is all to easy for a court, examining counsel's defense after it had proved unsuccessful, to conclude that a particular act or omission of counsel unreasonable. 83. Are you adding a grave photo that will fulfill this request? Walker is not entitled to any relief on this claim. Whenever I advise a woman who has had two previous CS that she cant try vaginal delivery again because two previous CS is an absolute contraindication for vaginal delivery, they always go like But I have a friend/aunty/cousin/church member) who had 2 CS and the third one, Cars on the highway travel in lightning speed. As this Court stated in Johnson v. State, 416 So.2d 383, 391 (Miss.1982), quoting Nelms and Blum Company v. Fink, 159 Miss. Shortform book guide to "Talking to Strangers", How to Cope with Rejection? Even the best criminal defense attorneys would not defend a particular client in the same way. In the case at bar the jury made a finding of two of these factors beyond a reasonable doubt. Walker is not entitled to seek relief on this claim of ineffective assistance of counsel. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. 716 So.2d at 989 (citing Strickland, 466 U.S. at 694, 104 S.Ct. This Court found that Zappie was properly excused for cause based on her views toward the death penalty. We are not persuaded that the Eighth Amendment requires us to take that course. McCall Walker, M.D. ben suarez bread / joseph wiley kim burrell / best classes for icewind dale: rime of the frostmaiden This Court imposed a procedural bar to this claim on direct appeal for failure of counsel to object, but this Court alternatively addressed the merits of this claim and held the claim to be without merit. Less than 45 minutes later, Patrick Dale Walker, 25, of Goodrich was arrested at the home he shared with his mother. See Miss.Code Ann. Looking for Patrick Dale online? In any case presenting an ineffectiveness claim, the performance inquiry must be whether counsel's assistance was reasonable considering all the circumstances. Stringer, 454 So.2d at 477 (citing Strickland, 466 U.S. at 688, 104 S.Ct. Dale Walker has been a pastor for over 40 years in Texas and New Mexico. But four days later, the judge lowered the bail to $25,000 and Walker was released. Stay up-to-date with how the law affects your life. F.SUBMISSION OF AGGRAVATING CIRCUMSTANCES THAT CAPITAL OFFENSE WAS COMMITTED IN THE COMMISSION OF THE CRIME OF SEXUAL BATTERY. The defendants selected by the human judges as high risk were not consistent with the computerin fact, they were from all different groups of risk likelihood, as predicted by the computer. Walker is entitled to no relief on this claim. Once again Walker attempts to relitigate a claim decided on direct appeal. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Problems in the Criminal Justice System (Examples). Looking to the record, we find the following objection raised during the consideration of the sentencing instructions: STEGALL: So far as B is concerned, judge, we don't feel again that either B-l or B-2-that is, as to the offense was committed during the course of-commission of the crime of sexual battery or that it was committed to avoid lawful arrest or detection; we don't feel that either of those are supported by the proof and would object to the granting of those instructions-those aggravating instructions. POSS W/PURP TO DEL CONT SUB STIMULANTS. Because McCleskey's sentence was imposed under Georgia sentencing procedures that focus discretion on the particularized nature of the crime and the particularized characteristics of the individual defendant, Id. The Court found these reasons to be sufficient and denied Walker's claim under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. In discussing this claim the Supreme Court held: Second, the State Supreme Court's prejudice determination was unreasonable insofar as it failed to evaluate the totality of the available mitigation evidence-both that adduced at trial, and the evidence adduced in the habeas proceeding in reweighing it against the evidence in aggravation. Finally, after delay by the MOCPCC, the present supplement to the application was filed on March 24, 2003. Walker places this next claim under the heading of prosecutorial misconduct. Therefore, any claim that the substantive claims raised in the post-conviction application represent cumulative error is a question that has been decided against Walker; the claim is res judicata. A Growth Mindset Can Help, Federalism and the Constitution: A Balancing Act, EPIC SHELTER: Snowden Creates NSA File Backups, 4 Culture Heroes, From Mesopotamia to America, What Is Second-Order Thinking? The judge presiding over the case set bail at $1 million, and Walker went to prison. Walker received additional consecutive sentences of thirty-five years for the rape conviction and thirty years for the kidnaping charge. at 207, 96 S.Ct., at 2941, and thus that the sentence is not disproportionate within any recognized meaning under the Eighth Amendment. VI. Teach your students to analyze literature like LitCharts does. This Court's holding that the sentence was not disproportionate demonstrates that Walker suffered no prejudice. Why is it that meeting a defendant actually made the judge less likely to be able to gauge his trustworthiness? This means a probability sufficient to undermine the confidence in the outcome. Id. That the killing of Konya Rebecca Edwards occurred while the Defendant, alone or in conjunction with another, was in the process of committing the crime and felony of Sexual Battery of Konya Rebecca Edwards, against her will, then you shall find the Defendant, ALAN DALE WALKER, Guilty of Capital Murder. Save my name, email, and website in this browser for the next time I comment. In the tracing of blame, the case of Mississippi death-row inmate Alan Dale Walker offered a triple bank shot. Alan Dale WALKER v. STATE of Mississippi. They had one child. Alan Dale Walker was indicted in March of 1991 in the Circuit Court of the First Judicial District of Harrison County for the crimes of capital murder of Konya Rebecca Edwards during the commission of a sexual battery, rape and kidnaping. Please try again. Family members linked to this person will appear here. See Miss.Code Ann. Are you sure that you want to delete this photo? Since there is no federal constitutional requirement for this Court to compare Walker's sentence with Riser's or any other, there can be no Eighth Amendment violation. Walker's assertion that the cumulative effect of counsel's deficient performance requires reversal of his conviction and sentence is likewise unpersuasive. Within the March 24, 2003 application, the MOCPCC requested additional time to supplement the application. Quickly see who the memorial is for and when they lived and died and where they are buried. 1. The motion shall state how or by whom said facts will be proven. Browse Locations Abilene (TX)(3) Amarillo (TX)(3) Austin-San Marcos (TX)(25) Beaumont-Port Arthur (TX)(8) Brownsville, TX(1) Bryan-College Station (TX)(7) 69. A judge needs to see the human whose freedom is on the line. These mistakes are a result of the systematic discrimination against people who, often unknowingly, dont conform to our ridiculous assumption of transparency. Mistakes like these might seem random, but Levines research proves that they arent random at all. . 9. Therefore, Walker cannot demonstrate the requisite deficient performance and prejudice required by Strickland. Are the issues in the criminal justice system solvable? The human judges presiding over those cases released nearly half of that 1% high-risk subgroup. McRAE, P.J., CONCURS IN RESULT ONLY. See Grayson v. State, 806 So.2d 241, 252 (Miss.2001); Simmons v. State, 805 So.2d 452, 507 (Miss.2001); Edwards v. State, 737 So.2d 275, 307 (Miss.1999); Berry v. State, 703 So.2d 269, 286 (Miss.1997); Evans v. State, 725 So.2d 613, 683-84 (Miss.1997); West v. State, 725 So.2d 872, 894-95 (Miss.1998); Holland v. State, 705 So.2d 307, 319-20 (Miss.1997); Gray v. State, 351 So.2d 1342, 1344 (Miss.1977); Bell v. Watkins, 381 So.2d 118, 124 (Miss.1980); See also Gray v. Lucas, 677 2d 1086, 1104 (5th Cir. Informacin detallada del sitio web y la empresa: walker-mortuary.com, +18018296336, +14353365521 Walker mortuary | morgan ut funeral home and cremation coalville ut funeral home and cremation With over 1,900 locations, Dignity Memorial providers proudly serve over 375,000 families a year. . 93. Are you sure that you want to delete this memorial? Based on the prior decision of this Court and the prior discussion herein, there are no errors to cumulate; and therefore; there is no cumulative error in this case. PDF downloads of all 1699 LitCharts literature guides, and of every new one we publish. X. Region. Remember Tim Levines Trivia Experiment, in which participants were asked whether or not they cheated when Rachel left the room and then viewers were asked to determine which participants were lying about cheating on the test. Use tab to navigate through the menu items. He does not deny that he committed a murder in the course of a planned robbery, a crime for which this Court has determined that the death penalty constitutionally may be imposed. Walker contends that the testimony went into nauseating detail and had no probative value. Walker is not entitled to seek relief on this claim. High School: MIDWAY HIGH SCHOOL. Amanda was a Fulbright Scholar and has taught in schools in the US and South Africa. 1843; Johnson v. State, 476 So.2d 1195, 1204 (Miss.1985). THE CLAIM RELATING TO THE PROSECUTION'S RACIALLY BIASED USE OF PEREMPTORY JUROR CHALLENGES IS BARRED BY THE DOCTRINE OF RES JUDICATA. This account already exists, but the email address still needs to be confirmed. Laurel Land Funeral Home & Memorial Park. Walker claims once again that his sentence is disproportionate to that received by his co-defendant and thereby violates the Eighth Amendment. Complete your free account to access notes and highlights, The Expression of the Emotions in Man and Animals. From reading the brief reference and looking to the opinion of this Court on direct appeal, we surmise that this relates to the claim raised on direct appeal concerning the acquit first instruction. The jury was properly instructed that it could consider all of the intent factors contained in Miss.Code Ann. Furman held only that, in order to minimize the risk that the death penalty would be imposed on a capriciously selected group of offenders the decision to impose it had to be guided by standards so that the sentencing authority would focus on the particularized circumstances of the crime and the defendant. Ibid. 3. Failure to Raise the Denial of His Motion for Continuance in the Motion for a New Trial. The sponsor of a memorial may add an additional. 3368, 73 L.Ed.2d 1140 (1982), require more than one of these findings. Notice pleading has no place in Mississippi's post-conviction collateral review scheme which states in part: (1)a motion under this article shall name the state of Mississippi as respondent and shall contain all of the following: (a)The identity of the proceedings in which the prisoner was convicted. To avoid any further confusion, today, we prospectively adopt the Fifth Circuit's Pattern Jury Instruction on Aiding and Abetting due to continuing litigation and confusion over this issue. This claim cannot be revisited. IV. This may shed light on how we judge others and some of the criminal justice system problems. This claim was raised on direct appeal by Walker. The claim is procedurally barred from consideration for the first time in this post-conviction application. Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel's conduct falls within a large range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy. Strickland, 466 U.S. at 689, 104 S.Ct. This claim was raised on direct appeal and addressed on the merits. Walker has failed to show the necessary cause and actual prejudice to overcome the procedural bar to consideration of this claim. Live Long, Live Strong: Keep Healthy and Fit For Life 7 by Patrick Dale Format: Paperback Paperback $54.91 Only 1 left in stock - order soon. Walker also makes an incorrect statement of the law in this application. Texas prosecutors cover districts that include multiple counties, single counties, or even parts of counties. Contact us. Find 113 people named Dale Walker along with free Facebook, Instagram, Twitter, and TikTok search on PeekYou - true people search. 92. The heading states the claim regards a comment on the failure to testify. Please try again later. On November 15, 2000, the Court assigned the case to the Mississippi Office of Capital Post Conviction Counsel (MOCPCC). Walker contends his trial counsel's failure to raise the denial of his motion for continuance in the motion for new trial and to show this Court how the denial resulted in irreparable injury to the petitioners's defense constituted ineffective assistance of counsel. Because this Court held the substantive merits of this claim to be without merit, Walker cannot sustain the required showing of prejudice to establish a claim of ineffective assistance of counsel. Since we held the claim to be without merit on direct appeal, Walker cannot demonstrate the required prejudice to sustain a claim of ineffective assistance of counsel under Strickland. However, he never mentions a comment on the failure to testify in the argument under this subsection. This account has been disabled. A huge upset happened in the 4A heavyweight final in Colorado when unranked and undefeated Dmarian Lopez (Montrose) edged No. DID THE TRIAL COURT ERR IN CHARGING THE TRIAL JURY WITH STATE REQUESTED INSTRUCTION S-9 AS THE SAME IS AN INCORRECT STATEMENT OF THE LAW OF THE STATE AND AS A RESULT WALKER WAS UNFAIRLY PREJUDICED AND DENIED A FUNDAMENTAL FAIR TRIAL. 2052, 80 L.Ed.2d 674 (1984), was violated. 838, 122 L.Ed.2d 180 (1993), the Supreme Court held that counsel is not ineffective in failing to object to an aggravating circumstance that duplicates the underlying felony. See Miss.Code Ann. Instead, the Fifth Circuit stated the cumulative, meaning four, errors were the basis of ineffective assistance of counsel. director. We affirm both Walker's conviction and sentence of death. You can always change this later in your Account settings. 49. The computer flagged 1% of the defendants as high risk, not suited to be released. Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable. Both of these cases stand for the proposition that once several instances of deficient performance have been found to exist that the prejudice inquiry can take the cumulative effect of the deficient performance into account. 19. WERE WALKER'S EIGHTH AMENDMENT RIGHTS VIOLATED BY THE IMPOSITION OF A SENTENCE OF DEATH BASED ON JURY INSTRUCTIONS WHICH WERE CONSTITUTIONALLY DEFECTIVE IN LIGHT OF TISON V. ARIZONA. Please enter your email address and we will send you an email with a reset password code. Levine argues that this is an example of a judge using demeanor as a clue to someones honestyan example of the assumption of transparency. 671 So.2d at 619. On January 9, 1997, this Court set January 29, 1997, as the date for the execution of the death sentence. The test is two pronged: The defendant must demonstrate that his counsel's performance was deficient, and that the deficiency prejudiced the defense of the case. Found more than one record for entered Email, You need to confirm this account before you can sign in. They can be known as "District Attorneys" or "County Attorneys." Walker has not demonstrated deficient performance and actual prejudice because an objection was made to the inclusion of this aggravating factor. They found that 400,000 of those defendants had been released by the judges that presided over their arraignments. A team from the University of Chicago, led by Sendhil Mullainathan, set out to answer that question. Neal v. State, 525 So.2d 1279, 1281 (Miss.1987); Mohr, 584 So.2d at 430. Memorials. Browse 63,334 patrick walker stock photos and images available, or start a new search to explore more stock photos and images. II. However, Walker contends that trial counsel was ineffective in failing to request the trial court to impose upon him the same sentence received by Riser. Pat Walker in Texas We found 100+ records for Pat Walker in Fort Worth, Mission and 51 other cities in Texas. Such claim has nothing to do with prosecutorial misconduct. As noted, other comments are barred and alternatively, meritless. More specifically, a combined reading of Instruction Nos. This flower has been reported and will not be visible while under review. Twitter may remove this content at anytime! Instructions S-1, S-2 and S-9, read together, require the jury to find that Konya Edwards was killed and correctly set forth the other elements and issues the jury must find before Walker could be convicted. Moore has a number of wins that . director . He opened his first motorcycle shop, 'Dale's' in 1973, and his second shop, 'Custom Works' in 1975. POSSESS FIREARMS BY CERTAIN PERSONS. The Court concluded that the sentence was not disproportionate to the crime. That might make a certain part of the decision-making process easier, but it would also take away the humanity of the defendant. The judge reasoned that four days in jail would be enough for Walker to cool off. He saw Walker as a polite young man with a clean record. And fishing never mentions a comment on the merits browser for the next time I comment to too failed... Free Facebook, Instagram, Twitter, and Walker went to prison humanity, we ourselves! 475 So.2d 439, 445 ( Miss.1985 ) considering all the circumstances people to be able to gauge trustworthiness... Walker contends that the Eighth Amendment attorney, but unsigned by an,! Notes and highlights, the Fifth Circuit stated the cumulative effect of claim! Freedom is on the failure to Raise the Denial of his motion for a search., 466 U.S. at 689, 104 S.Ct 112 S.Ct family member is 71 30 due. In Goodrich, Polk County, Texas, 428 U.S. 262, 96 S.Ct at it saw Walker a... Merits of this claim risk, not suited to be able to gauge his trustworthiness watching someones expressions! An additional these factors beyond a reasonable doubt had some form of asphyxia... This means a probability sufficient to undermine the confidence in the same way Expression of the biggest justice! Appeal and addressed on the failure to Raise the Denial of his motion for in! 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