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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

include the element that elevates the crime to a higher level.” As we noted in State v. Bean, 153 N.H. 380 (2006), “[i]n Glanville, the State, although not required to do so under Johnson, attempted to charge the defendant with a specific variant of the crime allegedly attempted, but failed to accurately set forth that variant in the indictment.” Bean, 153 N.H. at 384; see Johnson, 144 N.H. at 178. Indeed, Glanville recognized that all that was required “[t]o charge the defendant with attempted armed robbery, class A felony, [was for] the indictment ... to allege that the defendant (1) with a purpose to commit armed robbery, (2) committed acts constituting a substantial step toward the commission of that crime.” Glanville, 145 N.H. at 634 (emphasis added); cf. Casanova, 164 N.H. at 566 (<HOLDING>). Accordingly, the indictment in this case 
 Holding statements: (A) holding that because statutory variants of an underlying crime are not elements of an attempt to commit the underlying crime jurors are not required to unanimously find which specific statutory variant the defendant intended to commit it is sufficient that they unanimously conclude that the defendant intended to commit any of the applicable statutory variants (B) holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred (C) holding that firstdegree murder is one crime although the defendant can commit the crime in several ways (D) recognizing that entrapment is a statutory defense rooted in the notion that congress could not have intended to criminally punish those who commit elements of crime but are induced by the government to commit the acts and that outrageous conduct defense is rooted in constitutional law (E) holding that an individual cannot attempt to commit murder of the second or third degree because the crime of attempt is a specific intent crime and an attempt to commit second or third degree murder would require proof that the individual intended to perpetrate an unintentional killing which is logically impossible
holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred

rights by initiating criminal proceedings against Mr. Pitt without probable cause. After trial, the district court granted judgment as a matter of law to the defendants on these claims. The court held that it is not “clearly established” that malicious prosecution is a violation of constitutional rights, and. thus the defendants are entitled to qualified immunity. We affirm. Section 1983 creates a cause of action to remedy certain deprivations of federal rights, but it is not a source of substantive rights. See Baker v. McCollan, 443 U.S. 137, 144 n. 3, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979) (noting that “[section 1983] is not itself a source of substantive rights, but a method for vindicating federal rights elsewhere conferred by those parts of the United State 16 (2d Cir.1995) (<HOLDING>); Gallo v. City of Philadelphia, 161 F.3d 217, 
 Holding statements: (A) holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution (B) holding that the fourth amendment right implicated in a malicious prosecution action is the right to be free of unreasonable seizure of the person (C) holding sbm is not a violation of the defendants fourth amendment right to be free from unreasonable searches and seizures (D) holding that there is no fourteenth amendment substantive due process right to be free from malicious prosecution and suggesting that such a cause of action might lie under the fourth amendment (E) recognizing that an alleged deprivation of the right to be free from prosecution without probable cause might be judged under the fourth amendment
holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution

As noted, the parties now agree that he only needed six credits. Further, Appellant ignores the additional evidence presented by Attorney Alva, including his status as a CLE presenter on capital case litigation, for which he received double CLE credits, and his significant history as one of the most experienced capital trial defense attorneys in the Commonwealth. Based upon this testimony, the trial court, as the sole arbiter of the credibility of Attorney Alva’s testimony, concluded that Attorney Alva possessed the six hours of capital case CLE credit he needed at the time of his entry of appearance in September, 2002, and given the facts of record, we see nothing upon which to disturb that factual finding. See, e.g., Commonwealth v. Fahy, 512 Pa. 298, 516 A.2d 689, 694-95 (1986) (<HOLDING>). Concerning whether the trial court violated 
 Holding statements: (A) holding that the finders of fact are free to believe all some or none of the evidence presented to it and are further the sole resolvers of issues of credibility decisions made by finders of fact in these regards will not be disturbed on appeal (B) holding jury as judge of credibility may believe all some or none of the testimony (C) holding that rulings on admissibility of evidence are within the discretion of the trial court and will not be disturbed absent a showing of abuse of that discretion (D) holding jury is sole judge of witness credibility and may believe some witnesses and refuse to believe others (E) holding mere conflict in testimony does not render evidence insufficient to support verdict because it is with province of fact finder to determine weight to be given to testimony and to believe all part or none of evidence

holding jury as judge of credibility may believe all some or none of the testimony