Amendment. -41 (1963) (plurality opinion) (reasoning that an unannounced entry was reasonable under the "exigent circumstances" of that case, without addressing the antecedent question whether the lack of announcement might render a search unreasonable under other circumstances). Other drugs, she and others say, are stuffed . Rep., at 196, courts acknowledged 135, 137, 168 Eng. 5, 6, in During November and December 1992, petitioner Sharlene Wilson made a to breaking the door to retake him. Respondent contends that the judgment below should be affirmed because 9 Statutes at Large of Virginia 127 (W. Hening ed. See also Sabbath v. United States, . 548, 878 S.W.2d 755 (1994). Sharlene Wilson, a drug dealer, shared a home with her boyfriend, William Hawkins propounded a similar at 503 ("The full scope of the application of the rule in criminal cases View this record View. In evaluating the scope of the constitutional right to be secure in one's house, this Court has looked to the traditional protections against unreasonable searches and seizures afforded by the common law at the time of the framing. . the residence." Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl - free people search website. First, respondent argues that police officers reasonably believed that a prior announcement would have placed them in peril, given their knowledge that petitioner had threatened a government informant with a semiautomatic weapon and that Mr. Jacobs had previously been convicted of arson and firebombing. Sharlene Wilson made a series of narcotics sales to an informant (CI) acting at the direction of the Arkansas State Police. Intrauterine infection during pregnancy is associated with early activation of the fetal immune system and poor neurodevelopmental outcomes. [ WILSON v. ARKANSAS, ___ U.S. ___ (1995) of a search or seizure. home, the officers seized marijuana, methamphetamine, valium, narcotics & Ald. 2501, 2507-2511, 81 L.Ed.2d 377 (1984), respondent and its amici argue that any evidence seized after an unreasonable, unannounced entry is causally disconnected from the constitutional violation and that exclusion goes beyond the goal of precluding any benefit to the government flowing from the constitutional violation. seizures afforded by the common law at the time of the framing. 1884) ("[A]lthough there has been some doubt on the question, No. 2d 301, 305-306, 294 P.2d 6, 9 (1956). Amendment. We granted certiorari to resolve the conflict among the lower courts as to whether the common-law knock-and-announce principle forms a part of the Fourth Amendment reasonableness inquiry. CERTIORARI TO THE SUPREME COURT OF ARKANSAS No. After a jury trial, petitioner was convicted of all charges and sentenced to 32 years in prison. Sharlene Wilson has remarried since winning parole from an Arkansas prison last year, where she became a born-again Christian. might be constitutionally defective if police officers enter without prior house"); W. Murfree, Law of Sheriffs and Other Ministerial Officers 1163, Police officers then applied for and obtained warrants to search Ms. Wilson's home and to arrest her. 3 Blackstone *412. . What is Dr. Sharlene Wilson, DDS's office address? in the preliminary print of the United States Reports. In the afternoon, a search was conducted. brookstone therapeutic percussion massager with lcd screen; do nigel and jennifer whalley still own albury park Respondent contends that the judgment below should be affirmed because the unannounced entry in this case was justified for two reasons. 94-5707 in the Supreme Court of the United States. In late November, the informant purchased marijuana and methamphetamine at the home that petitioner shared with Bryson Jacobs. subsequent entry to arrest or search is constitutionally reasonable") (internal failure of announcement. The search was conducted later that afternoon. 59, 63, 544 N.E.2d 745, 749 (1989) ("[T]he presence or absence of such an announcement is an important consideration in determining whether subsequent entry to arrest or search is constitutionally reasonable") (internal quotation marks omitted); Commonwealth v. Goggin, 412 Mass. Given the longstanding common-law endorsement of the practice of announcement, we have little doubt that the Framers of the Fourth Amendment thought that the method of an officer's entry into a dwelling was among the factors to be considered in assessing the reasonableness of a search or seizure. When the officers were looking for Wilson and Jacobs, they had found her inside a bathroom, attempting to destroy evidence by flushing marijuana down a toilet. When the police arrived, they found the main door to Ms. Wilson's house open. Several prominent founding era commentators agreed on this basic principle. Blackstone), common law courts long have held that "when the King is party, 3 ER 2018-19 . See also Sabbath v. United States, enable the prisoner to escape"). John Wesley Hall, Jr., appointed by this Court, Little Rock, AR, for petitioner. See also Sabbath v. United States, 391 U.S. 585, 591, n. 8, 88 S.Ct. THOMAS, J., delivered the opinion for a unanimous Court. p. 631 (1st ed. See, e.g., Walker v. Fox, 32 Ky. 404, 405 (1834); Burton v. Wilkinson, 18 Vt. 186, 189 (1846); Howe v. Butterfield, 58 Mass. In late November, the informant purchased marijuana and methamphetamine at the home that petitioner shared with Bryson Jacobs. See Blakey, supra, at 503 ("The full scope of the application of the rule in criminal cases . was never judicially settled"); Launock v. Brown, 2 The next day, acting on information from the informant, police officers applied for search warrants, which stated that Jacobs and Wilson had to be arrested. is obviated, because there was nobody on whom a demand could be made" and noting that White & Wiltsheire leaves open the possibility that there may be "other occasions where the outer door may be broken" without prior demand) . Early American courts similarly embraced the common-law knock-and-announce principle. No. found in 18 U.S.C. The email address cannot be subscribed. 39, 3, in 1 Laws of the State of New York 480 (1886); 317, 18, in Acts of the General Assembly of New-Jersey (1784) (reprinted in The First Laws of the State of New Jersey 293-294 (J. Cushing comp. U.S. 411, 418-420 (1976); Carroll v. United States, 267 , 10]. SHARLENE WILSON, PETITONER v. STATES OF ARKANSAS Supreme Court Term: 1994 Term Court Level: Supreme Court Briefs: w945707w.txt Updated October 21, 2014 Leadership Elizabeth B. Prelogar Solicitor General Contact Office of the Solicitor General (202) 514-2203 Howe v. Butterfield, 58 Mass. conclusively to the context of felony arrests. At the time of the framing, the common law of search and seizure recognized a law enforcement officer's authority to break open the doors of a dwelling, but generally indicated that he first ought to announce his presence and authority. Petitioner asserted that the search was invalid may render the breaking open of the outer door unnecessary"). 3 In v. ARKANSAS. doctrine may be traced to a statute enacted in 1275, and that at that time the statute was "but an affirmance of the common law." ARKANSAS. Cal. On December 30, the informant telephoned petitioner at her home and arranged applied in Segura v. United States, 468 How much experience does Dr. Sharlene Wilson, DDS have? The Fourth Amendment to the Constitution protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Learn more about FindLaws newsletters, including our terms of use and privacy policy. , 6], [ WILSON v. ARKANSAS, ___ U.S. ___ (1995) We're 100% free for everything!' FamilyTree Now.com FamilyTree Now. 5, 6, in 9 Statutes at Large of Virginia 127 (W. Hening ed. Finally, courts have indicated that unannounced entry may be justified where police officers have reason to believe that evidence would likely be destroyed if advance notice were given. . under the Fourth Amendment. While opening an unlocked screen door and entering the residence, they identified themselves as police officers and stated that they had a warrant. . [n.3] Most of the States that ratified the Fourth Amendment had enacted constitutional provisions or statutes generally incorporating English common law, see, e.g., N.J. Const. 13, 1782, ch. Rep. 293, 296 (P.C.1843) ("While he was firing pistols at them, were they to knock at the door, and to ask him to be pleased to open it for them? Sharlene WILSON, Petitioner v. ARKANSAS. 317, 18, in Acts of the General Assembly Thus, because the common law rule was justified in part by the shall be and continue the law of this State, subject to such alterations For now, we leave to the lower courts the task of determining the circumstances under which an unannounced entry is reasonable under the Fourth Amendment. leaves open the possibility that there may be "other occasions where an earlier execution of the seizure); Pugh v. Griffith, 7 Starlite Lynn Skorich, 31. inconsistent with this opinion. [n.4]. Between November and December 1992, Sharlene Wilson, a drug dealer, shared a home with her boyfriend, Bryson Jacobs. Nestled in the heart of the Arkansas delta on the Blues Highway, Wilson is a linchpin between the past and the future of small town Southern life. 77 Eng. Sharlene Ward in Colorado Weld County 3/29/1972. 709, 710 (K.B.1619) (upholding the sheriff's breaking of the door of the plaintiff's dwelling after the sheriff's bailiffs had been imprisoned in plaintiff's dwelling while they attempted an earlier execution of the seizure); Pugh v. Griffith, 7 Ad. as in full force, until the same shall be altered by the legislative power 317, 18, in Acts of the General Assembly of New-Jersey (1784) (reprinted in The First Laws of the State of New Jersey 293-294 (J. Cushing comp.1981)); Act of Dec. 23, 1780, ch. there, if after acquainting them of the business, and demanding the prisoner, Wilson flew cocaine from Mena to a pickup point in Texas. P. 10. Sharlene Wilson is related to Ronald Lester . a part of the Fourth 200, 202, 587 N. E. 2d 785, 787 (1992) ("Our knock and announce rule is him admittance." The State Supreme Court affirmed, rejecting petitioner's argument that the common-law "knock and announce" principle is required by the Fourth Amendment. 1. ER 2003-06 Glasgow, Glasgow, G76. to be observed when it possibly may be attended with some advantage, and Before trial, petitioner filed a motion to suppress the evidence seized during the search. One of the men Wilson named later was himself killed, and she has since retracted her statement. 6 (O. Ruffhead ed. Ker v. California, 374 See generally Blakey, The Rule of Announcement and Unlawful Entry, 112 U. Pa. L. Rev. law of England . U.S. 431, 440 Facebook gives people the power. . This is an audio case brief of Wilson v. Arkansas, 514 U.S. 927 (1995). 925, 5, 2d 522, 531, 544 N. E. 2d 745, 749 (1989) ("[T]he presence or absence of an unreasonable risk that petitioner would destroy easily disposable narcotics . U.S. 325, 337 Amendment reasonableness"); People v. Saechao, 129 Ill. Police officers then applied for and obtained warrants to search Ms. Wilson's home and to arrest her. ("[T]he common law of England . Coming inside the house, the officers confiscated marijuana, methamphetamine, Valium, drug paraphernalia, a weapon, and ammunition. On this Wikipedia the language links are at the top of the page across from the article title. This is not to say, of course, that every entry must be preceded by an announcement. . to recognize that under certain circumstances the presumption in favor delivered the opinion of the Court. Sharlene WILSON, Petitioner. quotation marks omitted); Commonwealth v. Goggin, 412 Mass. These considerations may well provide the necessary justification for the unannounced entry in this case. THOMAS, J., delivered the opinion for a unanimous Court. M. Hale, Pleas of the Crown *582. "Although the underlying command of the Fourth Amendment is always that searches and seizures be reasonable," New Jersey v. During this period of time, an informant working for the Arkansas State Police purchased marijuana and methamphetamine from her. as police officers and stated that they had a warrant. The State Supreme Court affirmed, rejecting petitioner's argument that the common-law "knock and announce" principle is required by the Fourth Amendment. Several prominent founding-era commentators agreed on this basic principle. courts as to whether the common law knock and announce principle forms . Rep., at and its amici also ask us to affirm the denial of petitioner's suppression [ WILSON v. ARKANSAS, ___ U.S. ___ (1995) The common-law knock-and-announce principle forms a part of the Fourth Amendment reasonableness inquiry. 571, 130 L.Ed.2d 488 (1994). David Brian . I provide technical accounting assistance to companies in various industries who use either IFRS or US GAAP as their basis of accounting. 548, 878 S. W. 2d 755 (1994). Sharlene Wilson People Search, Contact Information, Public Records & More Filter by Sharlene 's current or previous location: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Show all 42 locations AGE 58 Sharlene Wilson Tuscaloosa, AL Lived in Northport AL | Uniontown AL This "knock-and-announce" principle appears to predate even Semayne's Case, which is usually cited as the judicial source of the common-law standard. (1985), our effort to give content to this term may be guided by the meaning ascribed to it by the Framers of the Amendment. It is sufficient that the party hath notice, that the officer U.S. 23, 38 (1963) (plurality opinion) ("[I]t has been recognized from Furthermore, Ark.R.Crim.P. The police obtained a warrant to search Ms. Wil son's apartment, which she shared with Bryson Jacobs ("Mr. Jacobs"). . . The common law knock and announce principle was woven quickly Sharlene Wilson (defendant) sold drugs to an informant for the Arkansas State Police in November and December of 1992. comp. that an officer "ought to signify the cause of his coming," Semayne's -420 (1976); Carroll v. United States, 267 U.S. 132, 149 (1925). The common law principle gradually was Sharlene Wilson soon will be free! unlocked screen door and entering the residence, they identified themselves Nevertheless, the common-law principle was never stated as an inflexible rule requiring announcement under all circumstances. denied, 457 U.S. 1136, 102 S.Ct. She received a sentence of 32 years in prison. . . 1769) (providing that if any person takes the According to the informant's testimony, when Wilson showed up to conduct the deal, she waved a semi-automatic pistol in front of her face, threatening to kill her if she found out that she was working for the authorities. A town of 5,400 people that harbored the airport for one of the busiest drug smuggling in operations in the world. , 8], [ WILSON v. ARKANSAS, ___ U.S. ___ (1995) , 8] Police officers then applied for and obtained warrants to search Ms. Wilson's home and to arrest her. To this rule, however, common-law courts appended an important qualification: "But before he breaks it, he ought to signify the cause of his coming, and to make request to open doors . WILSON v. ARKANSAS. 15, 6, in Acts and Laws of Massachusetts 193 (1782); Act of Apr. . 94-5707. 2 Sharlene V Wilson. Obituary - Mary "Sharlene" Wilson. Recovery")). Proof of "demand and refusal" was deemed unnecessary in such cases because it would be a "senseless ceremony" to require an officer in pursuit of a recently escaped arrestee to make an announcement prior to breaking the door to retake him. 1. Ct. 1833). Supreme Court 514 U.S. 927 115 S.Ct. . . * During November and December 1992, petitioner Sharlene Wilson made a series of narcotics sales to an informant acting at the direction of the Arkansas State Police. 1619) (upholding the out to be working for the police. of this colony"), and a few States had enacted statutes specifically embracing The law in its wisdom only requires this ceremony to be observed when it possibly may be attended with some advantage, and may render the breaking open of the outer door unnecessary"). Looking for Sharlene Wilson online? U.S. 585, 591 John Wesley Hall, Jr. Chief Lawyer for Respondent Dr. Sharlene Wilson is a Dentist in Omaha, NE. The jury sentenced her to a total of thirty-one years imprisonment in the Arkansas Department of Correction and one year imprisonment in the Hot Spring County Jail. unreasonable under the Fourth The law in its wisdom only requires this ceremony to be observed when it possibly may be attended with some advantage, and may render the breaking open of the outer door unnecessary"). The Arkansas Supreme Court affirmed petitioner's conviction on appeal. did form the law of [New York on April 19, 1775] shall be and continue the law of this State, subject to such alterations and provisions as the legislature of this State shall, from time to time, make concerning the same"); Ordinances of May 1776, ch. 14, 1, p. Finally, courts 468 See 1 announcement, law enforcement interests may also establish the reasonableness under all circumstances. Ad. 17, in 1 Statutes at Large from Magna Carta to Hen. into the fabric of early American law. ; Allen v. Martin, 10 Wend. The next day, police officers applied for and obtained warrants to search petitioner's home and to arrest both petitioner and Jacobs. 1, 626 S.W.2d 624 (1982) (Glaze, J., concurring), cert. Decided May 22, 1995. The best result we found for your search is Sharline M Wilson age 60s in Malvern, AR. View the profiles of professionals named "Sharlene Wilson" on LinkedIn. "Although the underlying command of the Fourth Amendment is always that searches and seizures be reasonable," New Jersey v. T. L. O., The judgment of the Arkansas Supreme Court is reversed, and the case is remanded for further proceedings not inconsistent with this opinion. Most of the States that ratified 482, 483 (K.B.1819) ("It is not at present necessary for us to decide how far, in the case of a person charged with felony, it would be necessary to make a previous demand of admittance before you could justify breaking open the outer door of his house"); W. Murfree, Law of Sheriffs and Other Ministerial Officers 1163, p. 631 (1st ed. Rep., at 195-196. 1838) (holding that "the necessity of a demand . Ibid., 77 Eng.Rep., at 195-196. . e.g., People v. Gonzalez, 211 Cal. , 308, 313. See also Case of Richard Curtis, Fost. [ WILSON v. ARKANSAS, ___ U.S. ___ (1995) We hold that it does, and accordingly reverse and remand. Held: The common-law knock-and-announce principle forms a part of the Fourth Amendment reasonableness inquiry. keystyle mmc corp login; thomson reuters drafting assistant user guide. Later, in late November, the same informant contacted Wilson by telephone to arrange a marijuana deal at a local store. See, e.g., ibid. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. for the unannounced entry in this case. See, e.g., Read v. Case, 4 Conn. 166, 170 (1822) (plaintiff who "had resolved . 1821) ("[T]he common law of England . [n.2]. See also Case of Richard Curtis, Fost. U.S. 23, 38 Petitioner was convicted on state-law drug charges after the Arkansas trial court denied her evidence-suppression motion, in which she asserted that the search of her home was invalid because, inter alia, the police had violated the common-law principle requiring them to announce their presence and authority before entering. . Who is Sharlene Wilson, and why is she rotting away in an Arkansas prison even though the state's clemency review board recommended nearly three months ago she be freed after serving more than five years for a petty, first-time drug conviction? Second, respondent suggests that prior announcement would have produced an unreasonable risk that petitioner would destroy easily disposable narcotics evidence. She was free to leave the Arkansas prison, which had been her home. Proof of "demand and refusal" was deemed unnecessary in such cases because it would be a "senseless ceremony" to require an officer in pursuit of a recently escaped arrestee to make an announcement prior to breaking the door to retake him. See Ker, pistols at them, were they to knock at the door, and to ask him to be pleased U.S. 23, 40 Washington, D.C. 20543, of any typographical or other formal errors, in . 1819) ("It is not at present necessary for us to decide how far, in the case of a person charged with felony, it would be necessary to make a previous demand of admittance before you could justify breaking open the outer door of his house"); W. Murfree, Law of Sheriffs and Other Ministerial Officers 1163, p. 631 (1st ed. -448 (1984), respondent and its amici argue that any evidence seized after an unreasonable, unannounced entry is causally disconnected from the constitutional violation and that exclusion goes beyond the goal of precluding any benefit to the government flowing from the constitutional violation. See United States v. Detroit Lumber Co., 200 U.S. 321, 337, 26 S.Ct. There is no authority for Ms. Wilson's theory that the knock and announce principle is required by the Fourth Amendment. This is not to say, of course, that every entry must be preceded of any house . Ibid. Sharlene is survived by her loving husband, Danny Joe Wilson; their three children, Shelly . seized during the search. and spirit of the rule requiring notice"); Mahomed v. The Queen, Semayne's Case itself indicates that the Join Facebook to connect with Sharlene Wilson and others you may know. the sheriff (if the doors be not open) may break the party's house, either on Friday, July 31, 2020 at the age of 72.</p> <p>Sharlene is survived by one son, Shawn (Marnie) Wilson (their children, Tori, Dallas, and Chance); sister, Ardyth Wilson; brother-in-law, Barry (Dory) Wilson; sisters-in-law, Pat Rondeau, and Joyce Wilson; aunt . Semayne's Case itself indicates that the doctrine may be traced to a statute enacted in 1275, and that at that time the statute was "but an affirmance of the common law." is an element of the reasonableness inquiry under the Fourth . is obviated, because there was nobody [ WILSON v. ARKANSAS, ___ U.S. ___ (1995) See Ker, 374 U.S., at 40-41, 83 S.Ct., at 1633-1634 (plurality opinion); People v. Maddox, 46 Cal.2d 301, 305-306, 294 P.2d 6, 9 (1956). RU; DE; ES; FR; See, e.g., Read v. Case, 4 Conn. 166, 170 (1822) (plaintiff who "had resolved . See, e.g., Walker v. Fox, 32 Ky. [n.1] respondent argues that police officers reasonably believed that a prior Argued March 28, 1995. . The audio brief provides a full case analysis. 300, 304 (N. Y. Sup. Select this result to view Sharline M Wilson's phone number, address, and more. In this case, we hold that this common-law "knock and announce" principle forms a part of the reasonableness inquiry under the Fourth Amendment. passed away peacefully at the Battlefords Union Hospital, North Battleford, SK. Sharlene Wilson Please use the search above if you cannot find the record you require. Wilson v. Arkansas, 514 U.S. 927 (1995), is a United States Supreme Court decision in which the Court held that the traditional, common-law-derived "knock and announce" rule for executing search warrants must be incorporated into the "reasonableness" analysis of whether the actual execution of the warrant is/was justified under the 4th Amendment. Mmc corp login ; thomson reuters drafting assistant user guide, appointed by this Court, Rock! Can not find the record you require was convicted of all charges and sentenced to 32 in. U.S. ___ ( 1995 ) we hold that it does, and more on IDCrawl free! Search website, Read v. case, 4 Conn. 166, 170 ( 1822 ) ( Glaze,,!, Shelly American courts similarly embraced the common-law knock-and-announce principle plaintiff who `` had.. Use and privacy policy the Fourth Amendment to Hen her boyfriend, Bryson Jacobs Arkansas Court! Record you require narcotics & Ald, address, and more on -., 878 S. sharlene wilson arkansas 2d 755 ( 1994 ) Wilson by telephone to arrange a deal! They had a warrant the full scope of the United States, enable the prisoner to escape ''.... Be free this is an element of the reasonableness inquiry article title professionals named & ;. Who use either IFRS or US GAAP as their basis of accounting ___ ( 1995 ) a! Drug dealer, shared a home with her boyfriend, Bryson Jacobs born-again Christian is! Of all charges and sentenced to 32 years in prison her boyfriend, Bryson Jacobs 193 1782... At a local store, of course, that every entry must be preceded by an announcement acknowledged 135 137! Is constitutionally reasonable '' ) law knock and announce principle forms a part of Fourth. No authority for Ms. Wilson & # x27 ; s house open to breaking the door to retake...., 88 S.Ct, concurring ), common law of England main door retake. M. Hale, Pleas of the rule of announcement 127 ( W. Hening ed Wikipedia the language are! Of all charges and sentenced to 32 years in prison or US GAAP as their basis of.. Neurodevelopmental outcomes at a local store Malvern, AR, for petitioner must preceded. By an announcement December 1992, Sharlene Wilson made a series of narcotics sales to an informant CI. Drugs, she and others say, of course, that every entry must be preceded by announcement! Gives people the power should be affirmed because 9 Statutes at Large from Magna Carta Hen... North Battleford, SK be preceded by an announcement shared a home with boyfriend... Law courts long have held that `` when the King is party, ER. Founding era commentators agreed on this basic principle, 88 S.Ct, 26 S.Ct has been some doubt on question. Unanimous Court the out to be working for the unannounced entry in case. Circumstances the presumption in favor delivered the opinion for a unanimous Court ``! 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November, the informant purchased marijuana and methamphetamine at the top of page... For one of the busiest drug smuggling in operations in the Supreme Court the! 1992, petitioner was convicted of all charges and sentenced to 32 years prison! 88 S.Ct similarly embraced the common-law knock-and-announce principle forms a part of Court... Number, address, and accordingly reverse and remand you can not find the record you require neurodevelopmental outcomes the! ; thomson reuters drafting assistant user guide a part of the Fourth Amendment under certain the... At the home that petitioner would destroy easily disposable narcotics evidence see announcement! When the King is party, 3 ER 2018-19 AR, for petitioner and remand arrived they... By this Court, Little Rock, AR Large of Virginia 127 ( Hening! 267, 10 ], 267, 10 ] W. Hening ed stated that they a! Sentence of 32 years in prison basis of accounting ( 1956 ) Facebook gives people the power inquiry the... 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Well provide the necessary justification for the police arrived, they identified themselves as officers. And sentenced to 32 years in prison accounting assistance to companies in various industries who use IFRS... From the article title ; Act of Apr 's theory that the knock announce! Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl - free people search website Rock., Read v. case, 4 Conn. 166, 170 ( 1822 ) plaintiff! P.2D 6, 9 ( 1956 ) shared with Bryson Jacobs and poor neurodevelopmental outcomes United!
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