In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: ... clearly does not rise to the level of constitutional error when the failure was correct as a matter of state law.” 593 F.2d at 267. He noted also that “the highest court of Kentucky expressly held that the state trial court did not err in refusing to give the requested lesser included offense instruction.” I do not find any error in this conclusion. Shortly after this court decided Pilón, however, the Supreme Court invalidated on due process grounds an Alabama law which forbade the jury to consider a verdict of guilt of a lesser included offense in a capital case when the evidence would have supported such a verdict. Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980). See also Hopper v. Evans, 456 U.S. 605, 611, 102 S.Ct. 2049, 2052, 72 L.Ed.2d 367 (1982) (<HOLDING>). Beck was concerned with imposition of the 
 Holding statements: (A) holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction (B) holding that beck requires that a lesser included offense instruction be given when the evidence warrants such an instruction as a matter of due process in a capital case (C) holding that due process does not require a lesser included offense instruction of manslaughter where not requested (D) holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given (E) holding that a lesser included offense instruction might be constitutionally required in capital cases because of their unique nature
[EX A]: (B)

[EX Q]: by a party under this section which is not accepted and the party recovers a judgment which is greater than or equal to the amount specified in the offer of settlement, the party is entitled to interest at the annual rate of 12% on the amount recovered from the date of the offer of settlement until the amount is paid. Interest under this section is in lieu of interest computed under ss. 814.04 (4) and 815.05 (8). 2 The parties do not attempt to draw a distinction between a reasonable degree of professional certainty on the one hand, and a reasonable degree of professional probability on the other — Casimere v. Herman, 28 Wis. 2d 437, 445-446, 137 N.W.2d 73, 77 (1965), uses the phrases as apparent synonyms. See also Hennekens v. Hoerl, 160 Wis. 2d 144, 166, 465 N.W.2d 812, 821 (1991) 
 Holding statements: (A) recognizing that the phrases can be used interchangeably (B) holding that statements taken in violation of massiah can be used for impeachment purposes (C) holding floor can be used as deadly weapon (D) holding that rule 35a can be used to challenge sentences that are not authorized by the judgment of conviction (E) recognizing that there can be compelling circumstances in which a trial court can determine that neither party prevailed in a contract case
[EX A]: (A)

[EX Q]: is not excluded by the hearsay rule. Tex.R. Evid. 803(1). The record does not reflect how long it took to walk from Carolina’s apartment to Carless’ and Carlos’ apartment, but it does reflect the two apartments were in close proximity and suggests the walk from one to the other was at best one minute. Given the close proximity between the two apartments, it is apparent Carolina’s first statement was made immediately after the con dition was perceived. We therefore hold Carolina’s first statement that Gizmo was upstairs in her apartment qualifies as a present sense impression because it was a statement describing a condition — Gizmo being in Carolina’s apartment — made by Carolina immediately after she perceived it. See Rabbani v. State, 847 S.W.2d 555, 560 (Tex.Crim.App.1992) (<HOLDING>), cert. denied, 509 U.S. 926, 113 S.Ct. 3047, 
 Holding statements: (A) holding that an inculpatory statement by a declarant was not reliable when he viewed the defendant like an older brother providing a motivation to lie the statement was made only to defense investigators and not to prosecutors the declarant was not under oath had not been read his miranda rights and was not represented by counsel and the declarant ultimately recanted his admission (B) holding in a criminal case that a statement by an unavailable declarant was not admissible as a declaration against his penal interest and was not admissible under rule 804b5 either (C) holding that statement that declarant saw defendant outside was admissible under rule 8081 because the statement explained an event or condition (D) holding appellate argument that statement violated rule 404b was improper because it was the defendant who elicited the statement at trial (E) holding that a prior inconsistent statement was admissible and the defendant failed to ask for a limiting instruction that the jury could not use the statement as substantive evidence
[EX A]:
(C)