Re: Is this considered a muck?
Any dead cards are part of the "muck". Understanding the reason for the rule gives the answer. Once any card touches any dead card, the idea is that it's no longer reliable to know which card was which. Yes, it might be possible to see it clearly and say "I know that card was the one he tossed." But this is not reliable, and raises new ways to cheat (don't like your card? toss it into the muck and retrieve a different one.) A card that's touching is indistinguishable from the cards it's touching.
In the future, don't have 2 muck piles.
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