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.
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Question: that, although the trial court was initially prepared to suppress based solely on the deputies’ conduct in providing Gomez’s name, the court ultimately applied the Neil factors and, finding that the identification was unreliable, ruled the state failed to establish that the witness’ recollection was independent of the suggestive identification. On these facts, the trial court could properly conclude that it was unnecessarily suggestive for the victims to be provided the defendant’s name and resulting access to his photo on the website before having any opportunity to identify him, thus giving rise to a substantial likelihood of irreparable misidentification. See generally Fitzpatrick v. State, 900 So.2d 495, 518 (Fla.2005)(quoting Washington v. State, 653 So.2d 362, 365 (Fla.1994)) (<HOLDING>); Johnson v. State, 566 So.2d 888, 890 (Fla. 
 Holding statements: (A) holding that showup identification proce dure was not unduly suggestive where officer said to eyewitness we got two guys in the car similar to the ones you told us about (B) holding that unprovoked flight is not necessarily indicative of wrongdoing but it is certainly suggestive of such (C) holding showing of a single photo is unduly suggestive (D) holding that showup identification procedure was not unduly suggestive where defendant was handcuffed and placed under police spotlight (E) holding due process requires suppression of testimony regarding pretrial identification when procedure employed is impermissibly suggestive

Answer: (C)


Question: appropriate relief for such a violation is for the habeas court to “vacate the judgment of conviction and enter a new judgment from which an appeal can be taken.” Id. Defendant argues that the Peak line of eases applies to his situation, and that his appellate rights should thus be reinstated. However, the Peak rule does not apply in defendant’s ease, as the appeal at issue is not an appeal from a conviction. A Sixth Amendment right to counsel does not attach to an appeal from a supervised release revocation hearing. Borrego v. United States, 975 F.Supp. 520, 523 (S.D.N.Y.1997). This follows logically from the fact that there is no guaranteed constitutional right to counsel at the supervised release revocation hearing itself. See United States v. Meeks, 25 F.3d 1117, 1123 (2d Cir.1994)(<HOLDING>); see also United States v. Pelensky, 129 F.3d 
 Holding statements: (A) holding that defendants have a right to counsel in criminal proceedings (B) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (C) recognizing constitutional right to effective counsel (D) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (E) holding that most of the fundamental constitutional procedural protections that are normally applicable to a criminal prosecution are not required for supervisedrelease proceedings as a matter of constitutional law including a right to counsel

Answer: (E)


Question: 682, 685 (8th Cir.2001). In order to receive a new trial based on newly discovered evidence, Baker must prove four factors ... :(1) the evidence must have been unknown or unavailable to the defendant at the time of trial; (2) the defendant must have been duly diligent in attempting to uncover it; (3) the newly discovered evidence must be material; and (4) the newly discovered evidence must be such that its emergence probably will result in an acquittal upon retrial. United States v. Haskell, 468 F.3d 1064, 1076 (8th Cir.2006); see also United States v. Johnson, 450 F.3d 366, 372 (8th Cir.2006) (same). Furthermore, in order to meet the materiality requirement, newly discovered evidence must be “more than merely ... impeaching.” Dogskin, 265 F.3d at 685; see Johnson, 450 F.3d at 372-73 (<HOLDING>). With these requirements in mind, we review 
 Holding statements: (A) holding seventh state petition for postconviction relief which was based on newly discovered evidence but rejected by the state courts because the evidence was not newly discovered was properly filed (B) holding that the defendants evidence did not qualify as newly discovered evidence (C) holding that district court did not abuse discretion in denying motion for new trial because nonmovant presented sufficient evidence at trial for the district court to conclude that the outcome was not against the great weight of the evidence so as to constitute a miscarriage of justice (D) holding that the district court did not abuse its discretion in denying motion for new trial based on newly discovered evidence where the evidence would serve only to impeach  testimony (E) holding that district court did not abuse its discretion in denying motion for severance where the allegedly prejudicial evidence would have been admissible in separate trials

Answer:
(D)