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.
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Question: in which this Court's authority to review criminal convictions was greatly circumscribed.” Cotton, 535 U.S. at 629, 122 S.Ct. 1781. It could examine constitutional errors in a criminal trial only on a writ of habeas corpus, and only then if it deemed the error "jurisdictional.” Id. (internal quotation marks omitted). "The Court’s desire to correct obvious constitutional violations led to a 'somewhat expansive notion of jurisdiction.Id. (quoting Custis v. United States, 511 U.S. 485, 494, 114 S.Ct. 1732, 128 L.Ed.2d 517 (1994)) (internal quotation marks omitted). 25 . A charging instrument may be so deficient that a court does not have jurisdiction over the case; for instance, if the charging document was never filed. See State v. Kaulia, 128 Hawai'i 479, 491, 291 P.3d 377, 389 (2013) (<HOLDING>). Without deciding the matter, a charge that 
 Holding statements: (A) holding that although that the district court erred in finding that plaintiffs lacked standing the appellate court may nonetheless proceed to consider the district courts determination that plaintiffs failed to state a claim upon which relief may be granted (B) holding that an action brought against the state officials in their official capacities was not properly removed to federal court because the district court lacked jurisdiction (C) holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial (D) holding that the district court lacked jurisdiction to review state disciplinary proceedings against attorney (E) holding that because the state failed to properly file the complaint the district court lacked jurisdiction to proceed to trial

Answer: holding that although that the district court erred in finding that plaintiffs lacked standing the appellate court may nonetheless proceed to consider the district courts determination that plaintiffs failed to state a claim upon which relief may be granted


Question: 39:4-88(b), the mandate to drive within a single lane to the extent practicable applies, whether or not a deviation from that lane imposes a risk to another driver. The statute’s second clause addresses a related, but discrete, mandate of the Code. It requires a driver to ascertain the safety of switching lanes before conducting a lane change. N.J.S.A. 39:4-88(b). Unlike the violation described in the first clause of N.J.S.A. 39:4-88(b), the violation described in the second clause is avoided if a driver, in a roadway with multiple lanes traveling in the same direction, first determines that departure from a lane may be conducted safely. The Appellate Division’s limitation of N.J.S.A. 39:4-88(b) to the violation identified in the statute’s second clause would render t .App.1998) (<HOLDING>). Thus, the courts of our sister states, 
 Holding statements: (A) holding that due regard describes a standard between ordinary care and recklessness (B) holding that tex transp code ann  545060a describes one offense (C) holding that no offense alleged where affidavit described offense as felony (D) holding that an indictment charging one offense during the commission of another crime need not allege the elements of the latter offense (E) holding that the statute describes but one offense which can be committed by either or both of two methods

Answer: holding that due regard describes a standard between ordinary care and recklessness


Question: of counsel issues. The Sixth Amendment has been interpreted as guaranteeing the right to effective assistance of counsel. McMann v. Richardson, supra. In following this mandate, the' majority of the circuits hold that the Sixth Amendment requires that assistance of counsel be measured against a standard higher than “sham and mockery” and rise to the level of reasonably competent assistance of counsel. The move toward this more demanding standard has been slowly evolving. Indeed it is our belief that even though courts in this circuit have articulated the “sham and mockery” test, they have been in fact applying the more stringent “reasonably competent” test, and that formal adoption of this standard represents a change in name. See Beckett v. Hudspeth, 131 F.2d 195 (10th Cir. 1942) (<HOLDING>). It seems appropriate, nevertheless, to 
 Holding statements: (A) holding that the sixth amendment right to counsel embodies the right to effective assistance of counsel (B) recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel (C) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (D) holding the sixth amendment guarantees the effective assistance of counsel at all stages of a criminal proceeding including during the plea process (E) recognizing that the sixth amendment guarantees the right to effective assistance of counsel

Answer:
holding that the sixth amendment right to counsel embodies the right to effective assistance of counsel