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. 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.
question:
as here, the recalcitrant witness is at liberty pending appeal. In so holding, we join all of the circuits which have squarely addressed the issue. See In re Grand Jury Matter, 906 F.2d 78, 82-83 (3d Cir.1990), cert. denied sub nom. Backiel v. United States, — U.S. -, 111 S.Ct. 509, 112 L.Ed.2d 521 (1990); In re Sealed Case, 829 F.2d 189 (D.C.Cir.1987); In re Grand Jury Proceedings, 785 F.2d 629, 631 n. 4 (8th Cir.1986); United States v. Johnson, 736 F.2d 358, 361-62 n. 5 (6th Cir.1984); In re Witness Before Special October 1981 Grand Jury, 722 F.2d 349, 353 (7th Cir.1983); In re Rosahn, 671 F.2d 690, 694 (2d Cir.1982); Brown v. United States, 465 F.2d 371, 372 (9th Cir.1972). But see In re Berry, 521 F.2d 179 (10th Cir.), cert. denied, 423 U.S. 928, 96 S.Ct. 276, 46 L.Ed.2d 256 (1975) (<HOLDING>). The foregoing cases have noted that the 
 Holding statements: (A) holding that the deadmans statute should not be extended by judicial construction to cases not clearly within its terms (B) recognizing that denying outofeell exercise for extended periods may constitute cruel and unusual punishment (C) holding that it may not (D) holding that the statutes 30 day provision is mandatory and may not be extended and dicta that it may not be extended by release from incarceration (E) holding that statutory habeas jurisdiction extended to guantanamo
answer:
(D)


question:
the peremptory strike. Purkett v. Elem, 514 U.S. 765, 768, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995). In this case, we cannot say that the Florida state court’s judgment was contrary to, or an unreasonable application of clearly established federal law, specifically the Supreme Court’s holding in Bat-son. As for the State’s strike of the first black prospective juror, the interaction between the parties and the state court (where, upon being challenged, the State revealed that it wished to strike this juror because two prosecutors had seen her sleeping during the jury selection process, and the trial court then moved onto the next juror) was adequate under Batson, so trial counsel was not ineffective in that respect. See Hightower v. Terry, 459 F.3d 1067, 1072 n. 9 (11th Cir.2006) (<HOLDING>). Moreover, even assuming that Sneed’s counsel 
 Holding statements: (A) recognizing this purpose albeit implicitly (B) recognizing that a trial judge can implicitly find a prosecutors proffered reasons credible (C) holding that the trial judge cannot simply rjubber stamp  a prosecutors nonracial explanation no matter how whimsical or fanciful  but in order to permit a questioned peremptory challenge  must conclude that the proffered reasons are first neutral and reasonable and second not a pretext (D) holding that findings by the trial judge are considered binding on appeal when supported by adequate substantial and credible evidence (E) holding that state prosecutors agreements with defendant not binding on federal prosecutors
answer:
(B)


question:
was denied the opportunity of securing, minimally, his $756,800.00 mortgage at the prevailing interest rate being offered at the time. Despite the fact that BMW Financial Services was the party that initiated the repossession proceedings and allegedly reported its actions to various credit agencies, the trial judge determined that the plaintiff presented sufficient evidence to establish that Rovmain was “responsible for starting the ball rolling that resulted in his [Mr. Reuschel’s] credit rating being adversely affected by BMW and Land Rover Financial Services...to the tune of...$25,330.51.” [N.T. 4/9/07, at 207] The credibility of the parties and witnesses in this case presumably weighs heavily in the fact-finder’s decision-making process. See In Re Lokuta at 255, 11 A.3d at 446 (<HOLDING>). Given the trial judge’s verdict, one might 
 Holding statements: (A) holding that an appellate court cannot consider an issue that was not preserved for appellate review (B) holding that it is not an appellate courts function to make findings of fact (C) recognizing appellate courts must not make fact findings (D) holding that an appellate court will not disturb atrial courts credibility findings (E) holding that generally appellate courts will not review an issue raised for the first time on appeal
answer:

(D)