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.

strip frisk of an employee may only be conducted on the order of the Superintendent or Acting Superintendent. (The Officer of the Day may issue this order if the Superintendent or Acting Superintendent is absent from the facility and cannot be contacted). b. Strip frisks must be supervised by a uniformed supervisor having at least the rank of Lieutenant. c. No more than two frisking employees are to be present in addition to the supervising officer. d. Strip frisks shall be conducted in a location and manner which will cause the least possible embarrassment to the employee being searched. e. The supervising and searching officers must be of the same sex as the employee being searched. If a ranking female security supervisor is not available, the Superintendent shall designate a female (<HOLDING>) to conduct the search. f. An employee may 
 Holding statements: (A) holding that because there was no evidence before the court of any similarly situated employees who were promoted to a higher salary grade when plaintiff was denied a promotion plaintiff could not establish a prima facie case of discriminatory failure to promote (B) holding that a retiree with a sixth grade education who was given little time to review the terms had stated a claim (C) holding that the record did not belie the claimants iq of 58 where he attended special education classes did not live independently and dropped out of school at a low grade either in the sixth or eighth grade (D) holding a higher grade than the employee being searched (E) holding the prosecution to a higher burden of proof than the law required is a valid raceneutral reason for excluding a juror
(D)

trial court’s judgment wherein the appellant was sentenced to a loss of liberty”).’ ““““Berry v. State, 630 So.2d 127, 130 (Ala.Crim.App.1993) (footnote omitted). See also Custis v. United States, 511 U.S. 485, 494, 114 S.Ct. 1732, 128 L.Ed.2d 517 (1994) (‘ “If the accused ... is not represented by counsel and has not competently and intelligently waived his constitutional right, the Sixth Amendment stands as a jurisdictional bar to a valid conviction and sentence depriving him of his life or his liberty.... The judgment of conviction pronounced by a court without jurisdiction is void, and one imprisoned thereunder may obtain release by habeas corpus.” ’) (quoting Johnson v. Zerbst, 304 U.S. 458, 468, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938)); Weakley v. State, 721 So.2d 235, 236 (Ala.1998) (<HOLDING>).” “““Thus it is the lack of counsel, coupled 
 Holding statements: (A) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (B) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (C) recognizing the right to counsel on appeal (D) holding that the statutory right to counsel at a civil commitment hearing implicitly includes the right to the effective assistance of that counsel (E) holding that the right to counsel at arraignment is a jurisdictional matter
(E)

cert. denied, 449 U.S. 820, 101 S.Ct. 78, 66 L.Ed.2d 22 (1980), cited in Butler, 335 Md. at 254, 643 A.2d at 397. Thus, in the instant case, Woodson has the burden of establishing that the jury actually decided an issue in his favor on the possession count which would prevent relitigation of that issue in a trial on Count 2, possession with intent to distribute. It is clear from the record of the proceedings in the instant case that Woodson has not met his burden. No verdict was actually delivered on the possession count in the instant case. Because the jury did not render a verdict on the possession count, there is no judgment from which findings of fact in favor of Woodson can be inferred. See Schiro v. Farley, ___ U.S. ___, ___, 114 S.Ct. 783, 792, 127 L.Ed.2d 47, 60-61 (1994) (<HOLDING>). Collateral estoppel requires a finding that 
 Holding statements: (A) holding procedural error is harmless where the court would have reached the same result had the guidelines issue been decided the other way and the sentence imposed would be reasonable even if contested issue decided in defendants favor (B) holding that a civil claim is barred by collateral estoppel even though the prior adjudication was in criminal proceedings and the parties are not the same because the matters were actually litigated and decided in the prior trial (C) holding that the doctrine of collateral estoppel bars readjudication of issues when 1 the prior suit resulted in judgment on the merits 2 identical issues are involved 3 the issue was actually litigated 4 the issue was actually determined and 5 the determination was necessary to the resulting judgment (D) holding that the failure to return a verdict does not have collateral estoppel effect  unless the record establishes that the issue was actually and necessarily decided in the defendants favor (E) holding that law of the case acts as a bar only when the issue in question was actually considered and decided by the first court

(D)