TASK DEFINITION: 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.
PROBLEM: alleged prejudice stems from the unavailability of witnesses, the Fourth Circuit explained in Jones what type of evidence is typically required: “[Cjourts have generally required that the defendant identify the witness he would have called; demonstrate, with specificity, the expected content of that witness’ testimony; establish to the court’s satisfaction that he has made serious attempts to locate the witness; and, finally, show that the information the witness would have provided was not available from other sources.” 94 F.3d at 908; see also U.S. v. Cornielle, 171 F.3d 748, 752 (2nd Cir.1999) (recognizing that actual prejudice “is commonly demonstrated by the loss of documentary evidence or the unavailability of a key witness”); U.S. v. Scoggins, 992 F.2d 164, 167 (8th Cir.1993) (<HOLDING>); Sabath, 990 F.Supp. at 1014 (finding 
 Holding statements: (A) holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case (B) holding that death of potential alibi witness did not cause actual prejudice because defendant failed to relate the substance of the testimony of the missing witness in sufficient detail and to show witness testimony not available from other sources (C) holding that defendant is under an obligation to give the government notice of an alibi witness even if defendant is unable to locate the witness (D) holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness (E) holding that the trial courts admonition of a witness even though detailed and strongly stated did not coerce the witness because the court did not threaten or badger the witness and the court provided the witness with her own counsel to ensure that the decision was voluntary

SOLUTION: holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case

PROBLEM: 558, 563, 564 S.E.2d 94, 96 (2002). DISCUSSION Moody argues the circuit court erred in granting Dairy-land’s motion for summary judgment, asserting Dairyland did not make a meaningful offer of UIM coverage because it failed to offer coverage in amounts less than the statutory minimum limits. We disagree. “The cardinal rule of statutory construction is to ascertain and effectuate the intent of the legislature.” Hawkins v. Bruno Yacht Sales, 353 S.C. 31, 40, 577 S.E.2d 202, 207 (2003).. Moreover, “[w]here the terms of the statute are clear, [this Court] must apply those terms according to their literal meaning.” Brown v. South Carolina Dep’t of Health & Envtl. Control, 348 S.C. 507, 515, 560 S.E.2d 410, 414 (2002); see also Rowe v. Hyatt, 321 S.C. 366, 369, 468 S.E.2d 649, 650 (1996) (<HOLDING>). In relevant part, section 38-73-470 provides 
 Holding statements: (A) holding that the clear and unambiguous words of an insurance contract should be given their plain and ordinary meaning (B) holding that we must give the words in statutes their plain and ordinary meaning (C) holding when interpreting a statute words must be given their plain and ordinary meaning without resorting to subtle or forced construction to limit or expand the statutes operation (D) holding that where the language of a statute is clear and without ambiguity the plain meaning is to be accepted without resorting to the rules of interpretation (E) holding that statutory words must be given their ordinary contemporary meaning

SOLUTION: holding that the clear and unambiguous words of an insurance contract should be given their plain and ordinary meaning

PROBLEM: into these facts at all. Neither could defense counsel have relied on the fact that Dr. Emery did not find a need for neurological examinations because, as discussed above, they failed to give him the information necessary to form an opinion in this regard. In sum, defense counsel’s failure to insist on neuropsychological testing did not stem from an informed decision made after reasonable investigation, as required by the Constitution, but was the product of neglect. See Seidel v. Merkle, 146 F.3d 750, 756 (9th Cir.1998) (finding ineffective assistance where defense counsel “failed to conduct even the minimal investigation that would have enabled him to come to an informed decision” regarding his client’s mental health defenses); cf. Hendricks v. Calderon, 70 F.3d 1032 (9th Cir.1995) (<HOLDING>). Pizzuto not only has shown that his counsel’s 
 Holding statements: (A) holding that defense counsel opened the door to the states rebuttal remarks when defense counsel raised the issue in his closing argument (B) holding that defense counsel was not constitutionally ineffective for presenting a diminished capacity defense as opposed to a defense of legal insanity (C) holding that the decision whether to seek a mistrial is a tactical decision entrusted to defense counsel binding the defendant even when the defendant expressed a contrary wish to his lawyer (D) holding that defense counsel gathered sufficient evidence to make a reasonable tactical decision not to conduct further investigations into his clients mental health when psychiatric experts interviewed the defendant for more than twenty hours and informed defense counsel that they could not find any basis for a mental defense (E) holding that defense counsels decision not to call defendant to the stand despite defendants repeatedly expressed desire to testify on his own behalf was not ineffective assistance of counsel but was a reasonable tactical decision by counsel not to subject defendant to all of the risk attendant on crossexamination

SOLUTION:
holding that defense counsel opened the door to the states rebuttal remarks when defense counsel raised the issue in his closing argument