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.

that may be considered in determining punishment are the subject of article 37.07 of the Texas Code of Criminal Procedure. See Tex.Code CRIM. PROC. Ann. Art. 37.07 (Vernon Supp.2004). This statute authorizes the admission of evidence in the punishment phase of trial as to any matter the court deems relevant to sentencing. Id. The circumstances of the offense are relevant to sentencing and may be considered by the trier of fact in determining the punishment to be assessed. Murphy v. State, 777 S.W.2d 44, 63 (Tex.Crim.App.1989). One circumstance of the offense that may be considered is the degree of injury to the victim so long as the fact finder may rationally attribute moral culpability to the accused for that injury. Stavinoha v. State, 808 S.W.2d 76, 78-79 (Tex.Crim.App.1991) (<HOLDING>); Miller-El v. State, 782 S.W.2d 892, 896 
 Holding statements: (A) holding that sexual assault coercion and harassment certainly may violate contemporary standards of decency and cause physical and psychological harm (B) holding in aggravated sexual assault case that testimony regarding psychological trauma suffered by child victim and its physical manifestations properly admitted (C) holding that psychological conditions resulting from workrelated trauma are compensable (D) recognizing trauma that new trial would likely bring to victim of child sexual assault (E) recognizing the purpose of missouris child victim witness protection law sec 491675 et seq as an attempt to minimize the emotional and psychological trauma to the alleged child victim
holding that sexual assault coercion and harassment certainly may violate contemporary standards of decency and cause physical and psychological harm

and therefore, need only show that the trial court abused its discretion by denying his challenges for cause. “[A] challenge for cause should be granted, even when a prospective juror declares his ability to remain impartial, if the juror’s responses as a whole reveal facts from which bias, prejudice or inability to render judgment according to law may be reasonably implied.” State v. Hallal, 557 So.2d 1388, 1389-90 (La.1990). The proper standard for determining when a prospective juror may be excluded for cause because of his views on capital punishment is whether the juror’s views would “prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.” Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968) (<HOLDING>); see also Wainwright v. Witt, 469 U.S. 412, 
 Holding statements: (A) holding that graham which prohibited the imposition of a life without parole sentence on a juvenile offender who did not commit homicide does not apply to a lengthy termofyears sentence that might constitute a de facto life sentence (B) holding that an effective life sentence of fortyfive years for seconddegree forgery was excessive and that a life sentence was cruel and unusual in violation of the eighth amendment (C) holding that a prospective juror who would vote automatically for a life sentence is properly excluded (D) holding life sentence mandatory under 21 usc  841b and district court could not depart from the mandatory life sentence unless government made a motion (E) holding that time excluded from a speedy trial clock for pretrial motion preparation is not automatically excluded under  3161h1 but may only be excluded when a court makes appropriate reasonableness findings under  3161h7
holding that graham which prohibited the imposition of a life without parole sentence on a juvenile offender who did not commit homicide does not apply to a lengthy termofyears sentence that might constitute a de facto life sentence

In Claim 23, Andela cites 42 U.S.C. §§ 1983 and 1985, but does not make any allegations whatsoever other than to incorporate all of his prior allegations. Id. ¶ 186. In his Response (dkt. # 24), Andela does not dispute UM’s characterization that his Claim 23 is for discrimination and retaliation. Andela simply argues that res judicata and collateral estoppel should not apply because the ALJ and state court affirmance should be considered void. Under § 1983, a plaintiff must show that the defendant acted under color of state law. Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 64 L.Ed.2d 572 (1980). UM is a private university. “Only in rare circumstances can a private party be viewed as a [s]tate actor for section 1983 purposes.” Rayburn v. Hogue, 241 F.3d 1341, 1347 (11th Cir.2001) (<HOLDING>). Moreover, when § 1983 is used as a parallel 
 Holding statements: (A) holding um did not act under color of state law when it terminated an employee (B) holding that waiver of um coverage was ineffective under south carolina law because insurer did not adequately advise insured party about um coverage (C) holding that a public defender does not act under color of state law when performing the traditional functions of counsel to a criminal defendant (D) holding that a town manager did not act under color of state law when making allegedly defamatory statements about the plaintiff (E) holding that public defenders do not act under color of state law and therefore are not subject to suit under 42 usc  1983

holding that waiver of um coverage was ineffective under south carolina law because insurer did not adequately advise insured party about um coverage