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.

Q: intent and the public authority defense at a new trial, it should also provide an appropriate instruction articulating that reliance on the apparent authority of a government official is not a viable defense. 7 . In light of our conclusion that the district court properly granted a new trial, we need address only one additional issue on appeal. Michael contends that his indictment was defective because it failed to provide him with proper notice of the three drug-related violations underlying the continuing criminal enterprise count. His argument is without merit, however, because the CCE count in the indictment expressly incorporated by reference the predicate drug violations upon which the jury relied in convicting Michael. See United States v. Tipton, 90 F.3d 861, 863 (4th Cir.1996) 
 Holding statements: (A) recognizing that a court is permitted to rely on documents incorporated into the complaint by reference and matters of which a court may take judicial notice (B) holding that reference to ordinance is not improper reference to an external document because injunction sufficiently describes the act sought to be enjoined and reference to the ordinance as stated in the injunction is merely to give further notice as to the enjoined conduct but the reference was unnecessary to give the appellants sufficient notice of that conduct (C) holding that an indictment which incorporated by reference the predicate drugrelated violations was sufficient to provide adequate notice for a cce count (D) holding that a single implicit reference to the email in which the complaint makes no explicit reference to nor does it quote at all from is insufficient to establish that the email was incorporated by reference into the complaint (E) holding that an indictment gave sufficient notice when the indictment charged the elements of the offense

A: (C)
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Q: in original). With the possible exception of his claim that he was not permitted to testify, Man-giardi has not satisfied either prong of the Strickland test. Because each of Mangiardi’s claims relating to the proceedings is meritless, appellate counsel was not unreasonable for any failure to raise any of them on direct appeal. See Williams, 166 F.Supp.2d at 305 (finding that where each of the claims raised in the defendant’s § 2255 motion was meritless, appellate counsel was not deficient for failing to raise them on direct appeal). The same reasoning applies to appellate counsel’s failure to raise Man-giardi’s claims for ineffective assistance of trial counsel. See id., James v. Superintendent of SCI Huntington, No. CIV.A. 97-2864, 2000 WL 5196, at *3 (E.D.Pa. January 4, 2000) (<HOLDING>). Moreover, as discussed above, claims for 
 Holding statements: (A) holding that counsel cannot be deemed ineffective for failing to raise a meritless claim (B) holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel (C) recognizing a constitutional claim for ineffective assistance of counsel (D) holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate (E) holding trial counsel was not ineffective for failing to pursue a meritless issue

A: (B)
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Q: Court addressed Jefferson’s ineffective-assistance-of-counsel claim, máde in his motion for a new trial. Jefferson pleaded guilty to possession of a controlled substance. He filed a motion for a new trial, arguing that his counsel had been ineffective. His motion did not set forth any facts supporting his claim. The Court of Criminal Appeals held that because the motion for a new trial raised only a general claim of ineffective assistance of counsel, the claim was not properly presented to the trial court or preserved for appellate review. In his petition for a writ of certiorari to this Court, Jefferson contended that facts in the record supported his motion and, therefore, that he was not required to make a more specific assertion. See Hill v. State, 675 So.2d 484 (Ala.Crim.App.l995)(<HOLDING>). Jefferson argued that the record on its face 
 Holding statements: (A) holding that the statement of specific grounds in a motion for a new trial waives all other grounds not specified (B) holding that when the grounds stated in the motion for a new trial are evident in the record a hearing is warranted even though the motion is not supported by affidavits or other extrinsic evidence (C) holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion (D) holding appellants issue was rendered moot because appellant was given the opportunity to make a record in support of his motion for new trial and appellate court considered that record in disposing of only issue raised in the motion for new trial (E) holding that ajffidavits in support of or in opposition to motions for summary judgment must be filed into evidence at the hearing on the motion or filed into the record in order for the affidavits to be part of the record on appeal emphasis added

A:
(B)
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