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.

Q: to warrant such a delay. See id. Moreover, despite his argument to the contrary, Staler did not demonstrate that his criminal trial was invalid due to a fundamental error. See Stoneman, 870 F.2d at 106. Stuler was indicted and convicted for violating 26 U.S.C. § 7208. See United States v. McKee, 506 F.3d 225, 244 (3d Cir.2007) (noting the elements of 26 U.S.C. § 7203 include that the defendant: (1) was required to file the tax returns; (2) failed to file them; and (3) acted willfully). Stuler’s invocation of a host of unrelated statutes and regulations does not alter the fact that “importing” is not an element of a § 7203 charge. He has therefore failed to satisfy his burden of establishing a funda-' mental error. See United States v. Cariola, 323 F.2d 180, 184 (3d Cir.1963) (<HOLDING>). Because Stuler showed neither that any 
 Holding statements: (A) holding that any proceeding which is challenged by the writ is presumed to be correct and the burden rests on its assailant to show otherwise (B) recognizing that an agencys decision to terminate an employee is presumed correct (C) holding that the burden is on the plaintiff (D) holding that an exercise by the state of its police power is presumed to be valid when it is challenged under the due process clause of the fourteenth amendment (E) holding that the burden is on the defendant when the validity of the warrant is challenged

A: recognizing that an agencys decision to terminate an employee is presumed correct
****
Q: 1 We note that the Supreme Court of Georgia recently vacated portions of the trial court’s injunction order in Barham v. City of Atlanta, 292 Ga. 375 (738 SE2d 52) (2013). 2 Am. Petroleum Prods., Inc. v. Mom & Pop Stores, Inc., 231 Ga. App. 1, 7 (3) (497 SE2d 616) (1998) (punctuation omitted). 3 Levine v. Sun Trust Robinson Humphrey, 321 Ga. App. 268, 275 (3) (740 SE2d 672) (2013) (punctuation omitted). 4 Am. Petroleum Prods., 231 G 215 SE2d 294) (1975) (“[When] the complaining party cannot legitimately claim surprise, either because he knew of the existence of the witness or had equal means of knowing, it is not error to fail to invoke the sanctions of postponement, mistrial, barring the witness, etc.”). Cf. Malley Motors, Inc. v. Davis, 183 Ga. App. 599, 600 (1) (359 SE2d 394) (1987) (<HOLDING>). 18 See Hunter v. Nissan Motor Co. Ltd. of 
 Holding statements: (A) holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness (B) holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care (C) holding that trial court abused its discretion in permitting the testimony of a witness who was not listed in the pretrial order and no reason was given for the failure to list the witness (D) holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case (E) holding that the jury is the judge of the weight and credibility given to witness testimony

A: holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness
****
Q: of South Dakota and Gant, in his official capacity, are also properly before the court because they have answered the amended complaint. A review of the record reveals that Chris Nelson, in his personal capacity, Jeff Gromer, in his personal and official capacity, and Mike Milstead, in his personal capacity, have not been served, and they have not answered the complaint or amended complaint. 2 . During the evidentiary hearing, Smith appeared to drop the facial challenge to SDCL 23-7-7.1(8). The court will nonetheless briefly address the issue. 3 . In United States v. Stevens, - U.S. -, 130 S.Ct. 1577, 176 L.Ed.2d 435 (2010), the Supreme Court acknowledged the existence of a possible alternative standard with regard to a facial attack that might apply in "a typical case.” Id. at 1587 (<HOLDING>). During the evidentiary hearing, Smith 
 Holding statements: (A) holding that a statute is certainly not so plainly unconstitutional that the failure of the trial court  to hold it so can be regarded as a plain error or a culpable neglect of judicial duty internal citation omitted (B) recognizing that a plaintiff may be able to establish that the statute is unconstitutional by showing that the statute lacks any plainly legitimate sweep  citation omitted (C) holding that defendants bear the burden of showing that the challenged act was objectively reasonable citation omitted (D) holding that a statute must be construed so that no part of the statute is rendered surplusage or superfluous internal quotation marks and citation omitted (E) holding that a statute may be facially challenged only  by establishing that no set of circumstances exists under which the statute would be valid ie that the law is unconstitutional in all of its applications or at least that the statute lacks a plainly legitimate sweep 

A:
holding that a statute is certainly not so plainly unconstitutional that the failure of the trial court  to hold it so can be regarded as a plain error or a culpable neglect of judicial duty internal citation omitted
****