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]: 285 S.W.3d 884, 890 (Tex.Crim.App.2009) (quotation omitted). B. Crush Analysis Testimony Yergin was apparently planning to testify about estimated speeds of the F-250 and the Hyundai based on the amount of “crush” to the Hyundai. Although Yer-gin testified in front of the jury that there was probably a difference in speed between the two vehicles of 10 to 20 miles per hour, she never stated at any time what speeds she estimated the vehicles to be traveling. Nor did appellant’s counsel explain to the court what speeds Yergin concluded the vehicles were traveling. This information would be crucial to understanding what testimony was excluded and whether the exclusion was harmful. See id. A general statement that she would testify about the vehicles’ speeds is insufficient. See id. at 891 (<HOLDING>). Further, appellant’s trial counsel explained 
 Holding statements: (A) holding that evidence of impaired mental functioning is inherently mitigating and that a defendant is not required to demonstrate a nexus between his mental capacity and the crime committed (B) holding defendant was not required to make a reasonable accommodation for an employee because the employee did not apprise defendant that she suffered from a mental impairment (C) holding that counsels performance was deficient for failing to investigate readily available evidence of mental impairment (D) holding that the defendant lacked sufficient contacts with the forum state because there was no evidence the defendant knew where the product would be sold (E) holding that a general statement about how the defendant wanted to introduce evidence of medical or mental impairment to show that the defendant lacked the proper mental state was an insufficient offer  there must be some meat of the actual evidence
[A]: (E)


[Q]: although incorporated or approved in the decree, is not merged therein, the parties may enforce it by s clear that "jurisdiction of the Court depends upon the state of things at the time of the action brought, and that after vesting, it cannot be ousted by subsequent events.” Smith v. Sperling, 354 U.S. 91, 93 n. 1, 77 S.Ct. 1112, 1 L.Ed.2d 1205 (1957) (citation omitted). 18 . Courts in this district have long recognized that "a coiporation is an indispensable party in a shareholder derivative action suit.” See Gibson v. BoPar Dock Co. Corp., 780 F.Supp. 371, 373 (W.D.Va.1991) (citing Tower Hill Connellsville Coke Co. v. Piedmont Coal Co., 33 F.2d 703, 706 (4th Cir.1929), cert. denied, 280 U.S. 607, 50 S.Ct. 157, 74 L.Ed. 650 (1930)); Bates v. Cekada, 130 F.R.D. 52, 59 (E.D.Va.1990) (<HOLDING>) (citations omitted); Taylor v. Swirnow, 80 
 Holding statements: (A) holding that in order to maintain a derivative cause of action a shareholder must maintain a continuous ownership interest in the corporation (B) recognizing that a corporation is properly aligned as a defendant in a shareholder derivative suit when the corporation is in antagonistic hands (C) recognizing that in a derivative action the corporation for whose benefit suit is brought is a necessary party to the action (D) holding that a shareholder who disposes of his shares loses standing to bring a derivative action no longer a shareholder in the corporation the defendant cannot maintain a derivative action on its behalf (E) recognizing that the corporation is always deemed to be an indispensable party in a shareholder derivative action
[A]: (E)


[Q]: together, the Sixth Amendment and the due process clause of the Fourteenth Amendment to the United States Constitution “entitle a criminal defendant to a ‘jury determination that [he] is guilty of every element of the crime with which he is charged, beyond a reasonable doubt.’ ” Apprendi v. New Jersey, 530 U.S. 466, 477, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000) (alteration in original) (quoting United States v. Gaudin, 515 federal constitutional rule: This court has repeatedly . . . held that Apprendi and its progeny do not require the State to submit a defendant’s prior convictions to a jury and prove them beyond a reasonable doubt. State v. Thiefault, 160 Wn.2d 409, 418, 158 P.3d 580 (2007) (citation omitted); see also State v. Roswell, 165 Wn.2d 186, 193 n.5, 196 P.3d 705 (2008) (<HOLDING>). Until such time as our Supreme Court 
 Holding statements: (A) holding that apprendi carved out an exception for prior convictions that specifically preserved the holding of almendareztorres (B) holding that almendareztorres rejected the argument that the fact of a prior conviction must be found by a jury (C) recognizing exception carved out by almendareztorres (D) recognizing the prior conviction exception of almendareztorres (E) recognizing exception
[A]:
(D)