irrebuttable presumption (Connecticut) · Go Syfert
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irrebuttable presumption in Connecticut

16 Connecticut opinions name it 3 courts 1981–2025 2 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (14)

CaseFollowedCited
State v. Fryegreen
conn · 1992 · cited in 3 Connecticut opinions naming this issue, 2016–2021
2 sentences

2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C

2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C

33
Miriam Sakol v. Commissioner of Internal Revenuegreen
ca2 · 1978 · cited in 3 Connecticut opinions naming this issue, 1981–1984
2 sentences

1984“While it is intellectually impossible to articulate accurately the doctrinal underpinning of the Supreme Court’s recent decisions in the irrebuttable presumption area, ‘congressional judgments in the form of “irrebuttable presumptions” in the economic area will *369 be upheld where there is a rational relationship between the criteria set forth in the statutory mandate and a legitimate congressional purpose. ’ (Emphasis added.) Sakol v. Commissioner of Internal Revenue, 574 F.2d 694, 698 (2d Cir. 1978).

1981While it is intellectually impossible to articulate accurately the doctrinal underpinning of the Supreme Court’s recent decisions in the irrebuttable presumption area, 4 “congressional judgments in the form of ‘irrebuttable presumptions’ in the economic area will be upheld where there is a rational relationship between the criteria set forth in the statutory mandate and a legitimate congressional purpose. ” (Emphasis added.) Sakol v. Commissioner of Internal Revenue, 574 F.2d 694, 698 (2d Cir. 1978).

23
Newland v. Commissioner of Correctiongreen
conn · 2016 · cited in 2 Connecticut opinions naming this issue, 2018–2021
2 sentences

2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C

2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C

22
Weinberger v. Salfigreen
scotus · 1975 · cited in 4 Connecticut opinions naming this issue, 1981–1995
2 sentences

1995SeeMichael H. v. Gerald D., supra, 491 U.S. 120 -22, 127; id., 132 (O’Connor, J., concurring); id., 133 (Stevens, J., concurring); id., 136 (Brennan, J., dissenting); id., 158, 160-61 (White, J., dissenting); see also Weinberger v. Salfi, 422 U.S. 749, 772-73, 777 , 95 S. Ct. 2457 , 45 L.

1995SeeMichael H. v. Gerald D., supra, 491 U.S. 120 -22, 127; id., 132 (O’Connor, J., concurring); id., 133 (Stevens, J., concurring); id., 136 (Brennan, J., dissenting); id., 158, 160-61 (White, J., dissenting); see also Weinberger v. Salfi, 422 U.S. 749, 772-73, 777 , 95 S. Ct. 2457 , 45 L.

14
United States v. Cronicgreen
scotus · 1984 · cited in 2 Connecticut opinions naming this issue, 1985–2019
2 sentences

2019In Cronic , the court reasoned that such situations indicate that "there has been a denial of [s]ixth [a]mendment rights that makes the adversary process itself presumptively unreliable." United States v. Cronic , supra, at 659 , 104 S.Ct. 2039 .

1985See United States v. Cronic, 466 U.S. 648 , 104 S. Ct. 2039 , 80 L.

12
State v. Lopezgreen
conn · 2004 · cited in 1 Connecticut opinions naming this issue, 2025–2025
2 sentences

2025The petitioner in the present case has not raised a claim under Cronic. 0, 0 CONNECTICUT LAW JOURNAL Page 15 0 Conn. App. 1 ,0 17 Walker v. Commissioner of Correction Cf. State v. Brawley, 321 Conn. 583 , 588–89, 137 A.3d 757 (2016) (state must prove beyond reasonable doubt that shackling error did not contribute to verdict when court ordered defendant to wear shackles that were in view of jury); State v. Tweedy, 219 Conn. 489, 508 , 594 A.2d 906 (1991) (in absence of evidence that jury was aware defendant was shackled, it was clear beyond reasonable doubt that presumption of innocence was not

2025The petitioner in the present case has not raised a claim under Cronic. 0, 0 CONNECTICUT LAW JOURNAL Page 15 0 Conn. App. 1 ,0 17 Walker v. Commissioner of Correction Cf. State v. Brawley, 321 Conn. 583 , 588–89, 137 A.3d 757 (2016) (state must prove beyond reasonable doubt that shackling error did not contribute to verdict when court ordered defendant to wear shackles that were in view of jury); State v. Tweedy, 219 Conn. 489, 508 , 594 A.2d 906 (1991) (in absence of evidence that jury was aware defendant was shackled, it was clear beyond reasonable doubt that presumption of innocence was not

11
Oudheusden v. Oudheusdengreen
conn · 2019 · cited in 1 Connecticut opinions naming this issue, 2021–2021
1 sentence

2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C

11
Fletcher v. Liebermangreen
conn · 2019 · cited in 1 Connecticut opinions naming this issue, 2021–2021
1 sentence

2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C

11
Hutton v. Commissioner of Correctiongreen
connappct · 2007 · cited in 1 Connecticut opinions naming this issue, 2021–2021
2 sentences

2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C

2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C

11
Mierzejewski v. Brownellgreen
conn · 2007 · cited in 1 Connecticut opinions naming this issue, 2021–2021
2 sentences

2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C

2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C

11
Leon v. Commissioner of Correctiongreen
connappct · 2019 · cited in 1 Connecticut opinions naming this issue, 2021–2021
2 sentences

2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C

2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C

11
Watson v. Watsongreen
connappct · 1990 · cited in 1 Connecticut opinions naming this issue, 2001–2001
2 sentences

2001“A fundamental principle in dissolution actions is that a trial court may exercise broad discretion in awarding alimony and dividing property as long as it considers all relevant statutory criteria.” (Internal quotation marks omitted.) O’Neill v. O’Neill, 13 Conn. App. 300, 306 , 536 A.2d 978 , cert. denied, 207 Conn. 806 , 540 A.2d 374 (1988); see Watson v. Watson, 20 Conn. App. 551, 555 , 568 A.2d 1044 (1990).

2001“A fundamental principle in dissolution actions is that a trial court may exercise broad discretion in awarding alimony and dividing property as long as it considers all relevant statutory criteria.” (Internal quotation marks omitted.) O’Neill v. O’Neill, 13 Conn. App. 300, 306 , 536 A.2d 978 , cert. denied, 207 Conn. 806 , 540 A.2d 374 (1988); see Watson v. Watson, 20 Conn. App. 551, 555 , 568 A.2d 1044 (1990).

11
McNeil v. Wisconsingreen
scotus · 1991 · cited in 1 Connecticut opinions naming this issue, 1997–1997
2 sentences

1997In short, Minnick “establishes an irrebuttable presumption that a criminal suspect, after invoking his Miranda right to counsel, can never validly waive that right during any police-initiated encounter, even after the suspect has been provided multiple Miranda warnings and has actually consulted his attorney.” (Emphasis in original.) Id., 156 (Scalia, J., dissenting); see McNeil v. Wisconsin, 501 U.S. 171, 176-77 , 111 S. Ct. 2204 , 115 L.

1997In short, Minnick “establishes an irrebuttable presumption that a criminal suspect, after invoking his Miranda right to counsel, can never validly waive that right during any police-initiated encounter, even after the suspect has been provided multiple Miranda warnings and has actually consulted his attorney.” (Emphasis in original.) Id., 156 (Scalia, J., dissenting); see McNeil v. Wisconsin, 501 U.S. 171, 176-77 , 111 S. Ct. 2204 , 115 L.

11
Bergeron v. Macklergreen
conn · 1993 · cited in 1 Connecticut opinions naming this issue, 1995–1995
1 sentence

1995Bergeron v. Mackler, supra, at 399, ". . . there is an irrebuttable presumption that the former client revealed facts requiring the attorney's disqualification." Prisco v. Westgate Entertainment, Inc., 799 F. Sup. 256 , 269 (D.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Menzies v. Fisher green
conn · 1973
2 sentences

1984“In Menzies v. Fisher, 165 Conn. 338 , 334 A.2d 452 (1973), the Supreme Court reviewed the legislative history of § 31-297 (b) and found that the act ‘sought to correct some of the glaring inequities and inadequacies of the Workmen’s Compensation Act.

1984“In Menzies v. Fisher, 165 Conn. 338 , 334 A.2d 452 (1973), the Supreme Court reviewed the legislative history of § 31-297 (b) and found that the act ‘sought to correct some of the glaring inequities and inadequacies of the Workmen’s Compensation Act.

31981–1984
Edwards v. Commissioner of Correction neutral
connappct · 2018
2 sentences

2025This is an irrebuttable presumption.’’ (Citation omitted; internal quotation marks omit- ted.) Edwards v. Commissioner of Correction, 183 Conn. App. 838 , 843–44, 194 A.3d 329 (2018).

2025This is an irrebuttable presumption.’’ (Citation omitted; internal quotation marks omit- ted.) Edwards v. Commissioner of Correction, 183 Conn. App. 838 , 843–44, 194 A.3d 329 (2018).

22019–2025
State v. Tweedy green
conn · 1991
2 sentences

2025The petitioner in the present case has not raised a claim under Cronic. 0, 0 CONNECTICUT LAW JOURNAL Page 15 0 Conn. App. 1 ,0 17 Walker v. Commissioner of Correction Cf. State v. Brawley, 321 Conn. 583 , 588–89, 137 A.3d 757 (2016) (state must prove beyond reasonable doubt that shackling error did not contribute to verdict when court ordered defendant to wear shackles that were in view of jury); State v. Tweedy, 219 Conn. 489, 508 , 594 A.2d 906 (1991) (in absence of evidence that jury was aware defendant was shackled, it was clear beyond reasonable doubt that presumption of innocence was not

2025The petitioner in the present case has not raised a claim under Cronic. 0, 0 CONNECTICUT LAW JOURNAL Page 15 0 Conn. App. 1 ,0 17 Walker v. Commissioner of Correction Cf. State v. Brawley, 321 Conn. 583 , 588–89, 137 A.3d 757 (2016) (state must prove beyond reasonable doubt that shackling error did not contribute to verdict when court ordered defendant to wear shackles that were in view of jury); State v. Tweedy, 219 Conn. 489, 508 , 594 A.2d 906 (1991) (in absence of evidence that jury was aware defendant was shackled, it was clear beyond reasonable doubt that presumption of innocence was not

12025–2025
Nulman v. Weill green
conn · 1988
1 sentence

2001“A fundamental principle in dissolution actions is that a trial court may exercise broad discretion in awarding alimony and dividing property as long as it considers all relevant statutory criteria.” (Internal quotation marks omitted.) O’Neill v. O’Neill, 13 Conn. App. 300, 306 , 536 A.2d 978 , cert. denied, 207 Conn. 806 , 540 A.2d 374 (1988); see Watson v. Watson, 20 Conn. App. 551, 555 , 568 A.2d 1044 (1990).

12001–2001
In re Shavoughn K. green
conn · 1988
1 sentence

2001“A fundamental principle in dissolution actions is that a trial court may exercise broad discretion in awarding alimony and dividing property as long as it considers all relevant statutory criteria.” (Internal quotation marks omitted.) O’Neill v. O’Neill, 13 Conn. App. 300, 306 , 536 A.2d 978 , cert. denied, 207 Conn. 806 , 540 A.2d 374 (1988); see Watson v. Watson, 20 Conn. App. 551, 555 , 568 A.2d 1044 (1990).

12001–2001
Valentine v. Pollak green
conn · 1920
2 sentences

2001“A presumption of law 12 must be based upon facts of universal experience and be controlled by inexorable logic.” (Internal quotation marks omitted.) Ducharme v. Putnam, 161 Conn. 135, 140 , 285 A.2d 318 (1971), citing Valentine v. Pollak, 95 Conn. 556, 561 , 111 A. 869 (1920).

2001“A presumption of law 12 must be based upon facts of universal experience and be controlled by inexorable logic.” (Internal quotation marks omitted.) Ducharme v. Putnam, 161 Conn. 135, 140 , 285 A.2d 318 (1971), citing Valentine v. Pollak, 95 Conn. 556, 561 , 111 A. 869 (1920).

12001–2001
O'Neill v. O'Neill green
connappct · 1988
2 sentences

2001“A fundamental principle in dissolution actions is that a trial court may exercise broad discretion in awarding alimony and dividing property as long as it considers all relevant statutory criteria.” (Internal quotation marks omitted.) O’Neill v. O’Neill, 13 Conn. App. 300, 306 , 536 A.2d 978 , cert. denied, 207 Conn. 806 , 540 A.2d 374 (1988); see Watson v. Watson, 20 Conn. App. 551, 555 , 568 A.2d 1044 (1990).

2001“A fundamental principle in dissolution actions is that a trial court may exercise broad discretion in awarding alimony and dividing property as long as it considers all relevant statutory criteria.” (Internal quotation marks omitted.) O’Neill v. O’Neill, 13 Conn. App. 300, 306 , 536 A.2d 978 , cert. denied, 207 Conn. 806 , 540 A.2d 374 (1988); see Watson v. Watson, 20 Conn. App. 551, 555 , 568 A.2d 1044 (1990).

12001–2001
Ducharme v. City of Putnam green
conn · 1971
2 sentences

2001“A presumption of law 12 must be based upon facts of universal experience and be controlled by inexorable logic.” (Internal quotation marks omitted.) Ducharme v. Putnam, 161 Conn. 135, 140 , 285 A.2d 318 (1971), citing Valentine v. Pollak, 95 Conn. 556, 561 , 111 A. 869 (1920).

2001“A presumption of law 12 must be based upon facts of universal experience and be controlled by inexorable logic.” (Internal quotation marks omitted.) Ducharme v. Putnam, 161 Conn. 135, 140 , 285 A.2d 318 (1971), citing Valentine v. Pollak, 95 Conn. 556, 561 , 111 A. 869 (1920).

12001–2001
Michael H. v. Gerald D. green
scotus · 1989
2 sentences

1995Although the United States Supreme Court also has held that an irrebuttable presumption of legitimacy does not offend the United States constitution; Michael H. v. Gerald D., 491 U.S. 110, 130 , 109 S. Ct. 2333 , 105 L.

1995Although the United States Supreme Court also has held that an irrebuttable presumption of legitimacy does not offend the United States constitution; Michael H. v. Gerald D., 491 U.S. 110, 130 , 109 S. Ct. 2333 , 105 L.

11995–1995
Bell Stanton, Inc. v. Laughlin green
connsuperct · 1967
1 sentence

1994"It may, however, be contradicted and the facts shown to be otherwise. (citation omitted) Accordingly, the question for determination is whether in fact service was made at the defendant's usual place of abode." Id. at 360 .

11994–1994
Nolan v. Borkowski green
conn · 1988
1 sentence

1991"In ruling on a motion for summary judgment, the court's function is not to decide issues of material fact, but rather to determine whether any such issues exist." Nolan v. Borkowski, 206 Conn. 495 , 500 (1988).

11991–1991
Wyckoff Trucking, Inc. v. Marsh Bros. Trucking Service, Inc. green
ohio · 1991
1 sentence

1991On April 20, 1991, the Ohio Supreme Court decided Wyckoff v. Marsh Brothers Trucking, 58 Ohio St.3d 261 , holding that under Interstate Commerce Commission (I.C.C.) CT Page 5752 regulations there is an irrebuttable presumption of an employment relationship between a lessee trucking company and the driver of a vehicle which displays the I.C.C. placard 1 of the lessee trucking company.

11991–1991

Where else courts name it

PA 152 (1900–2026) TX 115 (1968–2026) NC 76 (1907–2023) OH 75 (1974–2026) NY 59 (1924–2024) IL 42 (1894–2024) FL 36 (1947–2024) NJ 30 (1911–2026) CA 25 (1937–2025) TN 23 (1997–2018) MS 23 (1992–2020) MI 22 (1936–2026) LA 21 (1977–2024) IA 19 (1977–2023) AZ 18 (1906–2024) WA 17 (1932–2017) MD 17 (1946–2012) CT 16 (1981–2025) CO 16 (1887–2021) NM 15 (1974–2025) MN 14 (1903–2013) WI 14 (1978–2022) NE 13 (1977–2013) IN 12 (1980–2017) WY 11 (1977–2024) AL 10 (1990–2007) HI 10 (1972–2023) MO 9 (1978–2020) GA 9 (1981–2019) DE 9 (1959–2023) OK 8 (1935–2016) OR 8 (1914–2025) SC 7 (1963–2012) VA 6 (1983–2013) VT 5 (1978–2024) KS 5 (1995–2026) NH 5 (1986–2017) AK 5 (1979–1998) MA 5 (1975–2017) DC 5 (1978–2007) KY 4 (1994–1999) ID 4 (2022–2026) MT 4 (1975–2010) NV 4 (2018–2018) UT 3 (1983–1989) ND 2 (1984–1991) WV 2 (1949–1985) SD 2 (1943–1985) AR 2 (1985–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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