Com. v. Taylor, E.
CourtSuperior Court of Pennsylvania
Date FiledOctober 26, 2026
Docket596 EDA 2025
JudgeNichols
StatusUnpublished
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Full Opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
ERIN SIOBAHN TAYLOR :
:
Appellant : No. 596 EDA 2025
Appeal from the Judgment of Sentence Entered January 29, 2025
In the Court of Common Pleas of Delaware County Criminal Division at
No(s): CP-23-CR-0002451-2022
BEFORE: NICHOLS, J., McLAUGHLIN, J., and KING, J.
MEMORANDUM BY NICHOLS, J.: FILED OCTOBER 26, 2026
Appellant Erin Siobahn Taylor appeals from the judgment of sentence
following her conviction of one count of aggravated assault. 1 Appellant argues
the trial court erred in denying her suppression motion and abused its
discretion in two evidentiary rulings. After careful review, we affirm.
The trial court set forth the facts of this case as follows:
On February 28, 2022 Appellant [] assaulted Victim Mary McCall
[(Victim)] by throwing sulfuric acid in her face and on her head[,]
resulting in acidic burns on Victim[’s] [] scalp and face, substantial
pain and physical injuries[,] including temporary blindness, and
multiple surgeries. This assault occurred at 308 North Maple
Avenue, Lansdowne, Delaware County, Pennsylvania. . . .
During the jury trial, the Commonwealth called several key
witnesses to testify, building a clear, concise, and cogent case
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1 18 Pa.C.S. § 2702(a)(1).
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proving beyond a reasonable doubt Appellant [] guilty of
aggravated assault.
* * *
Right before Appellant [] threw the acid at Victim, [Victim] saw
Appellant [] from a few feet away and backed up. Appellant Taylor
was dressed in black from head to toe, black footwear, black
pants, long black coat, black scarf, black eye patch, black hat.
* * *
. . . [The] Bensalem Police Department was assigned to assist in
the execution of the search warrant for the home of Appellant []
at 1614 Sparrow Way. . .
Trial Ct. Op., 5/22/26, at 1-4, 6-8 (citations omitted and formatting altered).
In the warrant, Sergeant Michael Miller of the Landsdowne Borough Police
Department identified the items to be searched for and seized at Appellant’s
home as follows:
Black mid length jacket, black scarf, eye patch, unknown liquid
substance with odor similar to recovered items . . . , any and all
clothing items appeared to have reddish colored liquid stains
similar to the items recovered . . . , proof of residency, proof of
cellular phone ownership, and cell phones bearing the number . .
..
Search Warrant Appl., 3/18/22.
On March 18, 2022, police executed the search warrant. Sergeant Miller
testified that he recovered a JanSport backpack with post-it notes that
seemingly included information related to the crime. N.T., Suppression Hr’g,
5/24/25, at 53, 54. He also recovered a red first aid bag containing additional
post-it notes with various writings including, inter alia, “gun powder residue,”
“sulfuric acid/drain cleaner,” and “Muslim garb.” Id. at 65. Sergeant Miller
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testified that one of the JanSport notes said, “Places to avoid getting cut or
stabbed at all costs.” Id. at 144.
On October 25, 2024, Appellant filed an omnibus pre-trial motion which
included a habeas corpus motion to dismiss, a motion to suppress, a motion
in limine, and a notice of alibi defense. Omnibus Pretrial Mot., 10/25/24. On
November 1, 2024, the Commonwealth filed a notice, pursuant to Pa.R.E.
404(b), of its intent to introduce evidence relating to Appellant’s relationship
with Victim’s partner, Devaughn Boyd. 404 Notice, 11/1/24, at 1. On
November 6, 2024, the trial court heard the parties’ pre-trial motions, and on
November 22, 2024, the trial court denied the habeas corpus motion, motion
in limine, and motion to suppress. Trial Ct. Habeas Order, 11/22/24; Trial Ct.
Limine Order, 11/22/24; Trial Ct. Supp. Order, 11/22/24.
On November 27, 2024, the Commonwealth filed a motion seeking to
prevent the defense from introducing character evidence of a third-party, Mr.
Boyd. Commonwealth’s Mot. in Limine, 11/27/24. The trial court determined
that the evidence was admissible. Trial Ct. Op., 5/22/25, at 14-17. The jury
trial commenced on December 2, 2024, and on December 5, the jury found
Appellant guilty of aggravated assault, a first-degree felony. Appellant was
sentenced to seven to fourteen years’ incarceration, to be followed by six
years of consecutive probation, on December 5, 2024. Certificate of
Imposition of Sentence, 1/29/25.
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Appellant filed a timely notice of appeal. Both Appellant and the trial
court complied with Pa.R.A.P. 1925.
On appeal, Appellant raises three issues for our review:
1. Did the trial court err in denying [Appellant’s] motion to
suppress the post-it notes seized from her backpack?
2. Did the trial court abuse its discretion by allowing the
Commonwealth to introduce evidence of prior alleged fraud and
fictitious children?
3. Did the trial court abuse its discretion by sustaining the
Commonwealth’s objection to relevant testimony regarding the
[alleged] abusive nature of [Appellant’s] relationship with [Mr.]
Boyd?
Appellant’s Brief at 5.
In each of her issues, Appellant challenges the trial court’s
determinations regarding the admission or exclusion of evidence. First,
Appellant argues that the trial court should have suppressed the post-it notes
seized from her backpack under the Pennsylvania and United States
Constitutions. Id. at 16. Specifically, Appellant contends that the search
warrant did not authorize the seizure of papers or handwritten notes. Id.
According to Appellant, the plain view doctrine—which permits police, in
certain circumstances, to seize evidence without a warrant if the evidence
appears immediately incriminating—did not apply, because the incriminating
nature of the notes was not immediately apparent. Id. at 18. Therefore,
Appellant argued, the police used the search warrant as a general
investigatory tool to uncover evidence of the crime. Id. at 21.
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The Commonwealth argued that the four-corners of the search warrant
permitted seizure of the post-it notes and, further, the plain view doctrine did
apply, because the notes’ incriminating nature was readily apparent. See
Commonwealth’s Brief at 11.
At the suppression hearing, Sergeant Miller testified he was looking for
items described in the search warrant, which included a black scarf, black
jacket, and eye patch, when he noticed a black JanSport backpack with
numerous compartments. N.T., Suppression H’rg, 11/6/2024, at 32. He
opened the first compartment and removed some items of paper and placed
them down when the number “308” caught his eye. Id. at 32-33. Sergeant
Miller testified regarding his initial sighting of the notes:
[T]he very first post-it . . . the very first thing it says [is] “police
near 308,” . . . our victim’s address, and where the attack
happened, was 308 North Maple, so obviously it grabbed my
attention right away. . . it was immediately apparent that this had
something to do with our attack.
Id. at 54 (some formatting altered).
In reviewing an appeal challenging the denial of a suppression motion,
our standard of review is whether the trial court’s factual findings and legal
conclusions drawn therefrom are supported by the evidence. See
Commonwealth v. Wholaver, 989 A.2d 883, 893 (Pa. 2010) (citations
omitted). We consider all of the Commonwealth’s evidence, as well as any
evidence for the defense that remains uncontradicted when taken in
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consideration of the record as a whole. See Commonwealth v. Harvard,
64 A.3d 690, 695 (Pa. Super. 2013). We must view the record in the light
most favorable to the prevailing party; in this case, the Commonwealth. See
Commonwealth v. Cost, 224 A.3d 641, 650 (Pa. 2020). When the record
supports the trial court’s findings, we may only reverse if the trial court’s legal
conclusions are erroneous and there is no other legitimate basis for admitting
the challenged evidence. See Commonwealth v. Laatsch, 661 A.2d 1365,
1367 (Pa. 1995) (citations omitted).
Here, the trial court found that Detective Miller’s seizure of the post-it
notes was valid under the plain view doctrine, setting forth the following
reasoning:
The [search] warrant described with particularity the place to be
searched, the items to be seized, and was supported by probable
cause for a reasonable belief the items sought would provide
evidence of the crime. Additionally, the search of the backpack
found among Appellant[’s] [] belongings was not in dispute as
something properly to be searched. Appellant[’s] argument –
[that] the police were not permitted to remove the post-it notes
from the backpack and read the contents; rather, the police
should have obtained another search warrant to continue the
search because they were not listed on the search warrant as
items to be searched for and seized, and they were not in plain
view – although nuanced and particular, was not persuasive.
. . . [U]nder the circumstances. . . the post-it notes and the way
in which they were discovered were in plain view in the backpack
the police had undisputed authority to search, and their discovery
was not the result of illegal conduct on the part of the police.
Additionally, the notes inevitably would have been discovered
during the continuing police investigation.
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Trial Ct. Op., 5/22/24, at 23-24 (some formatting altered). The trial
court concluded that the Commonwealth had established by a preponderance
of the evidence that the contested evidence was not obtained without probable
cause and/or in violation of Appellant’s rights and therefore denied Appellant’s
motion to suppress. See id. at 24. Further, the trial court concluded the
inevitable discovery rule also applied, pursuant to Commonwealth v.
Williams, 2 A.3d 611 (Pa. Super. 2010). See id. at 24.
The Fourth Amendment of the United States Constitution and
Article I, Section 8 of the Pennsylvania Constitution prohibit
unreasonable searches and seizures. Protection of reasonable
expectations of privacy is the primary purpose of the prohibition
against unreasonable searches and seizures. A search or seizure
conducted without a warrant is presumptively unreasonable
subject to a few specifically established, well-delineated
exceptions . . . [such as] the plain view exception. . . . Under the
plain view doctrine, the police may effectuate a warrantless
seizure of an item if: (1) the police view the item from a lawful
vantage point; (2) the incriminating nature of the item is
immediately apparent; and (3) the police have a lawful right of
access to the item.
Commonwealth v. Saunders, 326 A.3d 888, 897 (Pa. 2024) (citations
omitted and some formatting altered).
Additionally, we note that it is well settled in Pennsylvania that, during
the execution of a valid search warrant, officers are authorized to search the
entire area in which the object of the search may be found. Commonwealth
v. Abdul-Salaam, 678 A.2d 342, 352 (1996). This includes the opening and
inspection of containers and other receptacles in which the item(s) may be
secreted. Id.
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Here, Appellant argues that the post-it notes were not described in the
search warrant and, further, that the evidence was not admissible pursuant
to a plain view exception to the search warrant requirement because the
Commonwealth had failed to establish the second prong of the plain view test.
Appellant’s Brief at 14, 16-18. Specifically, Appellant contends that the
incriminating nature of the notes was not readily apparent because Sergeant
Miller had to go through some steps to make the conclusion that the notes
were incriminating, such as removing the post-its, flipping the notes over, and
reading them. See id. at 18; see also N.T. Suppression H’rg, 11/6/24, at
41-43.
To determine whether the incriminating nature of an item is
“immediately apparent” under the second prong of the plain view test, trial
courts should look to the “totality of the circumstances” and employ a
contextual approach. Commonwealth v. Johnson, 921 A.2d 1221, 1223-
24 (Pa. Super. 2007) (citation omitted). The Johnson Court noted that “a
letter may be seized under the plain view doctrine even though its contents
[were not] known until [after] the letter [was] read” because “the
incriminating nature of words cannot be known until they are read.” Id. at
1224 (citations omitted). In other words, if an item of writing is “properly
seized under the plain view doctrine,” then the officer’s reading of any writing
on the item does not violate the Fourth Amendment but, rather, is permitted
under the plain view doctrine to determine whether the item is “immediately
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apparent” to be of an “incriminating nature.” Id. Johnson elaborated, “We
have noted . . . the brief perusal of an item does not render its incriminating
nature any the less immediately apparent.” Id. at 1225. 2, 3
Here, though the bag itself was not enumerated on the search warrant,
officers were authorized to search for items related to the crime that may have
been stored in such a bag. Commonwealth v. Abdul-Salaam, 678 A.2d
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2 See also Commonwealth v. McCree, 924 A.2d 621, 625(Pa. 2007): “It is
. . . an essential predicate to any valid warrantless seizure of incriminating
evidence that the officer did not violate the Fourth Amendment in arriving at
the place from which the evidence could be plainly viewed.” (quoting Horton
v. California, 496 U.S. 128, 136-137 (1990)). Here, Sergeant Miller was
executing a legal search warrant and did not arrive at the place from which
he could view the evidence in violation of Appellant’s Fourth Amendment
rights.
3 See also Johnson 921 A.2d at 1224-1225 (discussing United States v.
Crouch 648 F.2d 932 (4th Cir. 1981)). The Johnson Court considered
whether officers who had discovered incriminating letters in a desk drawer
and inside of a purse during the execution of a legal search warrant for
amphetamines had seized the items in violation of the defendant’s
constitutional rights. See Johnson, 921 A.2d at 1224-25.
We attach no significance to the fact that some cursory reading of
the letters was necessary in order to establish their nature . . . If
a police officer spies a pistol on a table, its potentially
incriminating nature is not only immediately apparent, it is very
likely instantaneous. In contrast, if it is a sheet of paper on the
table, there is nothing inherently incriminating . . . On the other
hand, if the paper contains writing, the writing itself may be
incriminating . . . but [its incriminating nature] is not perceived
until it is read. Only then does its incriminating nature become
immediately apparent.
Id. (citing United States v. Crouch, 648 F.2d 932, 933 (4th Cir. 1981)
(some formatting altered).
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342, 351-352 (Pa. 1996). Sergeant Miller was within a position to examine
the black backpack pursuant to the search warrant, as the bag could have
contained the items described, such as the cell phone, eye patch, or proof of
residency. See id. Sergeant Miller testified the backpack had numerous
compartments, and any of these compartments may have contained items he
was searching for. N.T. Suppression Hr’g, 11/6/22, at 32. Further, Sergeant
Miller testified that, upon his reading of the seized notes, he immediately
registered writing, i.e., “308,” which potentially referenced the address of the
crime, among other particulars. Id. This led him to believe that the notes
were reasonably related to the crime the officers were investigating. See id.
Based on our review, we discern no abuse of discretion in the trial court’s
denial of Appellant’s motion to suppress the seized post-it notes. Abdul-
Salaam, 678 A.2d at 352. The trial court outlined its reasoning which, read
in context of the entire record and in the light most favorable to the prevailing
party, is cogent. See id; See also Trial Ct. Op.,5/22/24, at 23. Accordingly,
we affirm the denial of Appellant’s suppression motion.
Appellant next argues that the trial court erred in allowing the
Commonwealth to present testimony relating to “the fraud and fictitious
children” narrative. Appellant’s Brief at 21. Specifically, Appellant contends
that the trial court committed reversible error in admitting evidence indicating
she had fabricated the existence of twin children and committed financial
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fraud4 and that she suffered prejudice as a result of the error. See id.
According to Appellant, this admission violated Pennsylvania Rule of Evidence
404(b), which addresses evidence of prior bad acts. See id. at 22.
Pennsylvania Rule of Evidence 404(b) provides, in relevant part:
(1) Prohibited Uses. Evidence of a crime, wrong, or other act
is not admissible to prove a person’s character in order to show
that on a particular occasion the person acted in accordance
with the character.
(2) Permitted Uses. The evidence may be admissible for
another purpose, such as proving motive, opportunity, intent,
preparation, plan, knowledge, identity, absence of mistake, or
lack of accident. In a criminal case, this evidence is admissible
only if the probative value of the evidence outweighs its
potential for unfair prejudice.
Pa.R.E. 404(b) (emphasis added).
Appellant argues that the admission of evidence relating to the fraud
and fictitious children narrative was unfairly prejudicial. Appellant’s Brief at
22. This evidence “concerns a wholly different type of conduct . . . It involved
no acid, no disguise, no violence, and different victims.” Id. at 23 (some
formatting altered). Appellant contends that, even if the contested evidence
had some relevance to motive, the trial court still misapplied the mandatory
balancing test of Rule 404(b)(2), because the evidence’s probative value was
“modest and cumulative,” while the “inflammatory impact was enormous.”
Id. at 25.
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4 We adopt, for simplicity’s sake, Appellant’s shorthand for her alleged fraud
scheme as “the fraud and fictitious children narrative.”
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The Commonwealth countered that it properly used the evidence to
establish motive, intent, and identity under Pa.R.E. 404(b). Commonwealth’s
Brief at 21.
When analyzing whether relevant evidence should be excluded, the trial
court considers if the probative value of the evidence outweighs any unfair
prejudice, pursuant to Pa.R.E. 404(b)(2). If the evidence was admitted in
error, we must determine whether the error is harmless, i.e., not unfairly
prejudicial. Commonwealth v. Robinson, 721 A.2d 344, 350 (Pa. 1998).
To constitute reversible error, an evidentiary ruling must be both erroneous
and unfairly prejudicial to the complaining party. K.B. v. Tinsley, 208 A.3d
123, 130 (Pa. Super. 2019).
Under Pa.R.E. 402, relevant evidence is admissible, except as otherwise
provided at law, and, pursuant to Pa.R.E. 403, a trial court may exclude
evidence if the danger of unfair prejudice outweighs its probative value. See
Pa.R.E. 402, 403. Unfair prejudice is a tendency to suggest decision on an
improper basis, or to divert the jury’s attention away from its duty of weighing
the evidence impartially. Commonwealth v. Gonzalez, 112 A.3d 1232,
1238, n.6 (Pa. Super. 2015) (citations omitted). Pa.R.E. 404(b) governs the
prohibited and permitted uses of character evidence and crimes of other acts,
as indicated above. The trial court maintains broad discretion regarding the
admissibility of evidence and is not required to exclude all evidence that could
be prejudicial; rather, the trial court looks for unfair prejudice.
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To succeed on an abuse of discretion argument against the trial court’s
ruling, an appellant must demonstrate how the ruling overrode the law, was
manifestly unreasonable, or was the product of bias, ill-will, or partiality.
Commonwealth v. Stevens, 320 A.3d 1280, 1284 (Pa. Super. 2024).
Here, the trial court determined that the challenged evidence was
relevant under Pa.R.E. 401, because it had any tendency to make the fact
Appellant had motive to assault Victim more or less probable than it would be
without evidence, and the fact was of consequence in determining the action.
See Pa.R.E. 401; see also Trial Ct. Op., 5/22/25, at 14-17. Further, the trial
court found the evidence, though perhaps prejudicial to Appellant, had
probative value and was not so unfairly prejudicial as to warrant exclusion,
stating:
The standard to be considered by the court is unfair prejudice, and
not whether Appellant likes or agrees with the decision of the trial
court. The trial court in making its decision recognized evidence
can be detrimental without being unfairly prejudicial, and it does
not to be sanitized; the evidence concerning the years of deceit
and lies perpetuated by Appellant [] is relevant and unequivocally
demonstrates Appellant’s motive and intent, scheme, and desire.
Trial Ct. Op., 5/22/25, at 17.
Finding no error or abuse in our review, we affirm the admission of
evidence relating to the alleged fraud and fictitious children narrative.
Robinson, 721 A.2d at 304-305. The trial court outlined its reasoning,
showing the evidence was relevant and was not unfairly prejudicial, satisfying
the requirements of Pa.R.E. 404, including the Rule 404(b)(2) balancing test.
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Trial Ct. Op., 5/22/25, at 14-17. Further, Appellant has not demonstrated any
abuse of discretion. Stevens, 320 A.3d at 1284. Here, the Commonwealth
articulated several statutorily legitimate reasons for the admission of the
evidence under Pa.R.E. 404(b), and the trial court was within its discretion to
decide that the probative value of the evidence outweighed the potential
prejudicial risk. See id. Accordingly, Appellant is not entitled to relief.
Finally, Appellant argues that the trial court erred in sustaining the
Commonwealth’s objection to testimony relating to the alleged nature of the
relationship between Appellant and Mr. Boyd. Appellant’s Brief at 26. She
argues the trial court erred by barring her from testifying that her relationship
with Mr. Boyd was abusive. See id. at 28. Particularly, Appellant contends
she was prejudiced by the testimony relating to the alleged fraud and fictitious
children narrative and then denied the opportunity to explain the alleged
underlying context. See id. According to Appellant, the trial court allowed
the Commonwealth to “use [Appellant’s] conduct in the relationship to
establish motive and character, yet refused to allow her to tell the jury the
other half of that story. . .” Id.
The Commonwealth objected to the admission of this evidence on the
basis of lack of relevance. Commonwealth’s Brief at 26. The Commonwealth
contends that Mr. Boyd was neither a witness nor a victim of charges before
the jury and, therefore, his credibility was not at issue. See id. at 26-27.
The Commonwealth asserted, therefore, that Appellant’s characterization of
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her prior relationship with Mr. Boyd was not relevant to the ultimate issue in
this case, which did not implicate Mr. Boyd. See id. The Commonwealth
argued that evidence showing the relationship between Appellant and Mr.
Boyd was abusive did not tend to make the fact of whether Appellant
committed aggravated assault of Victim any more or less probable, so,
therefore, it was not relevant under Pa.R.E. 401. See id.
The trial court agreed and determined Appellant’s characterization of
her relationship with Mr. Boyd was not germane, as he was not a victim or
witness, and the nature of their relationship was not relevant to the ultimate
question, i.e., whether Appellant was guilty of aggravated assault for throwing
acid on Victim. Trial Ct. Op., 5/22/25, at 26.
As discussed above, to be admissible, evidence must be relevant under
Pa.R.E. 401. Relevance is determined by whether the proffered evidence has
a tendency to make a fact more or less likely and that fact is of consequence
in determining the action. See Pa.R.E. 401 (emphasis added). Here,
Appellant was not on trial for the alleged fraud narrative. Appellant was on
trial for assaulting Victim. The relationship between the three parties—while
referenced by the Commonwealth to establish motive, lack of mistake, and
identity—is not of consequence in determining the matter at hand and is
therefore not relevant under Pa.R.E. 401. As the trial court noted,
The proposed testimony concerning whether the relationship
between Appellant [] and [Mr.] [] Boyd turned abusive is not
determinative in any respect concerning whether Appellant []
threw acid on Victim [] and does not tend to make this fact more
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or less probable than it would be without the evidence. The trial
court ruling did not override the law, was not manifestly
unreasonable, and was not the product of bias, prejudice, ill-will,
or partiality.
Trial Ct. Op., 5/22/24, at 26.
Appellant has not shown an abuse of discretion relating to the barred
testimony, as there is no demonstration of manifest injustice, bias, ill-will, or
partiality in either the record or the evidence—nor did the trial court overrule
the law in its application of the Pennsylvania Rules of Evidence. See
Stevens, 320 A.3d at 1284 (quoting Commonwealth v. Talley, 236 A.3d
42, 55 (Pa. Super., 2020). Accordingly, Appellant’s third and final issue on
appeal lacks merit.
Having found no merit to any of Appellant’s issues, we affirm the
judgment of sentence.
Judgment of sentence affirmed. Jurisdiction relinquished.
Judge McLaughlin joins the memorandum.
Judge King concurs in the result.
Date: 10/26/2026
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