instruction:
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.
question:
County Reg’l Planning Comm’n v. Hamilton Ban zure beyond its lawful duration, such theft violates the Fourth Amendment. See Nelson v. Streeter, 16 F.3d 145, 151 (7th Cir.1994). The remaining question is whether Colaprete’s Fourth Amendment right against having his property converted following a search was clearly established when the alleged conversion occurred. The Seventh Circuit has held that the existence of this right is “[s]o obvious ... that we do not think the absence of case law can establish a defense of immunity.” Id. We respectfully disagree. This court has never applied the Fourth Amendment in this manner, and Supreme Court precedent tilts slightly against the existence of any constitutional right against theft during the course of a search. See Hudson, 468 U.S. at 533(<HOLDING>). Moreover, the Sixth Circuit has held that the 
 Holding statements: (A) holding postdeprivation remedy is adequate even when deprivation was intentional (B) holding that doctrine does not violate due process (C) holding that theft by prison guards does not violate due process when postdeprivation remedy exists (D) holding that deprivation of property does not violate due process if a meaningful postdeprivation remedy is available and explaining that state tort actions are meaningful postdeprivation remedies (E) holding that a prison guards intentional destruction of a prisoners possessions did not give rise to a federal due process claim because state law provided an adequate postdeprivation tort remedy
answer:
holding postdeprivation remedy is adequate even when deprivation was intentional


question:
marks and citations omitted). {12} We are unconvinced that application of Texas law to determine whether the parties agreed to arbitrate would violate any fundamental principle, or public policy of New Mexico, nor are we convinced that the outcome of this determination would differ, depending upon whether we applied the law of Texas or New Mexico. Under Texas law, any doubts about whether there is an agreement to arbitrate must be resolved in favor of arbitration. See Dell, Inc. v. Muniz, 163 S.W.3d 177, 181 (Tex.App.2005); AutoNation USA Corp. v. Leroy, 105 S.W.3d 190, 195 (Tex.App.2003). It is not clear that New Mexico has applied the same presumption to this initial determination of whether the parties agreed to arbitrate. See DeArmond, 2003-NMCA-148, ¶ 8, 134 N.M. 630, 81 P.3d 573 (<HOLDING>). {13} Even though the presumption in favor of 
 Holding statements: (A) holding that a party seeking to compel arbitration must establish the existence of an arbitration agreement and show that the claims raised fall within the scope of that agreement (B) holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration (C) recognizing that a legally enforceable contract is still a prerequisite for arbitration and characterizing the holding in first options of chicago inc v kaplan 514 us 938 94445 115 sct 1920 131 led2d 985 1995 as stating that the presumption in favor of arbitration is reversed when there is a dispute as to the existence of an agreement (D) recognizing that in reviewing ruling on motion to compel arbitration we first determine whether party seeking arbitration established existence of arbitration agreement (E) holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added
answer:
holding that a party seeking to compel arbitration must establish the existence of an arbitration agreement and show that the claims raised fall within the scope of that agreement


question:
146 L.Ed.2d 389 (2000)). What matters are the holdings of the Supreme Court, not the holdings of lower federal courts. B. Supreme Court Jurisprudence In Cuyler v. Sullivan, the Supreme Court stated that “until a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” 446 U.S. at 350, 100 S.Ct. 1708. In other words, in order to succeed on a claim based on an alleged conflict, there must be a showing of an actual conflict, namely that a defendant’s attorney is representing conflicting interests. Conflicting interests have been recognized by the Supreme Court in a variety of settings. See, e.g., Mickens v. Taylor, 535 U.S. 162, 164-65, 122 S.Ct. 1237, 152 L.Ed.2d 291 (2002) (<HOLDING>); Wood v. Georgia, 450 U.S. 261, 270-72, 101 
 Holding statements: (A) recognizing the conflict (B) recognizing a potential conflict of interest when appointed counsel previously represented the murder victim in a separate case (C) holding that the defendant was deprived of his sixth amendment right to counsel where appointed counsels representation presented a conflict of interest (D) recognizing a potential conflict when defense counsel is currently representing in another matter either the victim of the crime or a prosecution witness (E) recognizing conflict
answer:

recognizing the conflict