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: Sept. 3, 1998)(variance is not material “where the allegations and proof substantially correspond, the variance is not of a character which could have misled the defendant at trial and is not such as to deprive the accused of his right to be protected against another prosecution for the same offense”). A material variance is sometimes referred to as a “fatal variance.” We have not been consistent in requiring materiality, but have sometimes reversed upon a finding of variance without exploring the further question of materiality. Compare Rowan v. State, 57 Tex.Crim. 625, 124 S.W. 668 (1910)(variance is not material unless it could mislead defense or expose defendant to danger of subsequent prosecution for same offense); Plessinger v. State, 536 S.W.2d 380 (Tex.Crim.App.1976)(<HOLDING>) with Pedrosa v. State, 155 Tex.Crim. 155, 232 
 Holding statements: (A) holding that a defendant must demonstrate that he would not have pled guilty but for the error (B) holding that heightened evidentiary standard of proof is not required where the sentencing enhancement is based entirely on the extent of the conspiracy to which the defendant pled guilty (C) holding that where a defendant is misled and induced to plead by his counsels mistaken advice then he may be allowed to withdraw his plea (D) holding variance between enhancement allegation and proof renders evidence legally insufficient only if variance is material (E) holding variance in style of case pled for enhancement not material where defendant not surprised or misled to his prejudice

Answer: holding that a defendant must demonstrate that he would not have pled guilty but for the error


Question: 45 U.S.C. § 56, and 46 U.S.C. § 30106, are essentially identical, stating that the action must be “commenced” or “brought” within the three year period. The Supreme Court in Burnett specifically found that the state court suit had been properly “commenced” although it was filed in an improper venue. 380 U.S. at 426, 85 S.Ct. at 1053. Furthermore, because the principle of uniformity that drove the Burnett decision applies with equal force to a general maritime action, other courts have correctly held that Burnett applies in general maritime cases. See, e.g., Prejean, 721 So.2d at 1276 (citing 1 Martin J. Norris, The Law of Maritime Personal Injuries § 5:10 (4th ed.1990)); Davis, 659 F.Supp. at 156-157; People of the Living God v. Star Towing Co., 289 F.Supp. 635, 639 (E.D.La.1968) (<HOLDING>). Defendant’s second argument for distinction 
 Holding statements: (A) holding that feres doctrine is equally applicable to family member claims derivative of a service members injuries (B) holding that uniformity is as important in maritime survival actions as it is in maritime wrongful death actions (C) holding that courts apply substantive admiralty law to claims that sound in admiralty regardless of whether the complaint invokes diversity or admiralty jurisdiction (D) holding that burnett and its justification of uniformity is equally applicable to admiralty actions (E) holding that a complaint that asserts both admiralty jurisdiction and diversity jurisdiction is not an adequate 9h designation to trigger admiralty procedures

Answer: holding that feres doctrine is equally applicable to family member claims derivative of a service members injuries


Question: the bankruptcy court construed his Motion as a request under §§ 503(b)(2) and 503(b)(1)(A). On appeal, Jones has not mentioned § 503(b)(4) or argued that the bankruptcy court erroneously construed his Motion, except to state that the bankruptcy court failed to consider his request under § 330(a)(1). Manning highlighted that Jones’s appellate brief “appears to substitute § 503(b)(1)(A) for 503(b)(4),” which Manning attributes to Jones realizing that "§ 503(b)(4) simply is not applicable to the present case.” (Appellee’s Second Br. 7, ECF No. 10). Without expressing any opinion on the soundness of Manning’s statement, the Court does not consider any claim under § 503(b)(4) because Jones has waived this point. LaBella Winnetka, Inc. v. Vill. of Winnetka, 628 F.3d 937, 943 (7th Cir.2010) (<HOLDING>). 7 . The Court notes that page 19 of Jones's 
 Holding statements: (A) holding that appellant waived issue by failing to raise it in opening brief (B) holding that failure to include an issue in statement of issues did not bar the appellant from raising the issue in its opening brief (C) holding that a partys failure to raise an issue in the opening brief waived the issue even though the party raised the issue in his reply brief (D) holding that argument not raised in opening brief is waived (E) holding that appellant waived the issue on appeal by not raising it in its opening brief even though the lower courts decision was based on that point

Answer:
holding that appellant waived issue by failing to raise it in opening brief