TASK DEFINITION: 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.
PROBLEM: Supreme Court rejected Cook’s claim of error on direct appeal, finding that the prosecutor’s comments were not directed at Cook’s decision not to testify, and that the comment about the videotape was invited by Cook’s cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook’s arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant’s Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor’s comment on a defendant’s 
 Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment  forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt

SOLUTION: recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify

PROBLEM: rule is limited to questions that seek evidence about the informant’s police sanctioned conduct in apprehending a suspect, then the informant’s claim of privilege under such circumstances would be spurious. In this context he is immune from prosecution. We believe that this is the correct limitation because Norman is premised on a line of cases holding that state agents are not accomplices to illegal conduct of which they are charged to discover. Norman quotes Ex parte Turner, 545 S.W.2d 470 (Tex.Cr.App.1977) for the proposition that the law is well settled that if an informant is acting as a state agent, then the informant’s claim of privilege under the Fifth Amendment is spurious. Id. at 344. In turn, Turner, supra, is premised upon Woodward v. State, 490 S.W.2d 850 (Tex.Cr.App.1973) (<HOLDING>). See also, Vela v. State, 373 S.W.2d 505 
 Holding statements: (A) holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred (B) holding that an undercover agent is not an accomplice as long as the agent does not bring about the crime but merely obtains evidence to be used against those engaged in crime (C) holding that expert testimony of irs agent regarding tax liability did not usurp the function of the jury as agent did not give her opinion about the guilt of the defendant (D) holding that a private citizen acting as undercover agent is not an accomplice witness so long as he does not bring about the crime (E) holding that the employer was not the insurers agent

SOLUTION: holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred

PROBLEM: court found that appellant was not in custody at any time during the questioning. We agree. When the circumstances show, as here, that a person is acting upon the invitation, urging, or request of police officers without any threat or coercion by the officers, that person is acting voluntarily and is not in custody. See, e.g., Nickerson v. State, 312 S.W.3d 250, 256 (Tex. App.-Houston [14th Dist.] 2010, pet. ref'd); Turner v. State, 252 S.W.3d 571, 580 (Tex. App.-Houston [14th Dist.] 2008, pet. ref'd); see also Delacerda, 425 S.W.3d at 386-88 (noting that the appellant voluntarily went with officers into police station to homicide division office for questioning and merely being questioned at stationhouse, by itself, does not constitute custody); cf. In re D.F.C., 312 S.W.3d at 714 (<HOLDING>). Our record reflects that appellant 
 Holding statements: (A) holding that when defendant was guilty of burglary but the only evidence that he was armed was from his own statement existence of the firearm went only to the degree of the offense and was not as an element of proof (B) holding that fifth amendment custody is a restraint on freedom of movement of the degree associated with a formal arrest (C) holding that a defendant who was told several times he was not under arrest and who never asked to leave during an interview with investigators was not in custody (D) holding that since petitioner made specific request for counsel before interview policeinitiated interview was impermissible (E) holding that there was a restraint of movement to the degree associated with formal arrest when juvenile went to stationhouse for interview but magistrate read defendant his mircmda warnings defendants grandmother was excluded from interview despite her request and defendant was alone in locked interrogation room with armed officer

SOLUTION:
holding that when defendant was guilty of burglary but the only evidence that he was armed was from his own statement existence of the firearm went only to the degree of the offense and was not as an element of proof