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: personally waive the rights to testify at trial, to have the prosecution witnesses testify in defend other settings. One such case arose when a defendant charged with first-degree criminal sexual conduct stipulated to the element that he was more than 36 months older than the victim without waiving his right to a jury trial on that element. State v. Wright, 679 N.W.2d 186, 190 (Minn.App.2004), review denied (Minn. June 29, 2004). In Wright, we applied a harmless-error analysis to the district court’s failure to obtain appellant’s personal waiver. Id. at 191. In part, we reasoned that proving the age element to the jury would have had “a more prejudicial effect than- the stipulation” because appellant was significantly older than the victim. Id.; see also Hinton, 702 N.W.2d at 281-82 (<HOLDING>). Also, both Wright and Hinton involved 
 Holding statements: (A) holding that stipulation of the appellants undisputed prior convictions was harmless error and reasoning that blakely v washington which does not require a jury determination of prior convictions provides implicit support for the conclusion that a harmless error analysis is appropriate (B) recognizing that where the error involved defies analysis by harmless error standards or the data is insufficient to conduct a meaningful harmless error analysis then the error will not be proven harmless beyond a reasonable doubt (C) holding blakely errors are subject to harmless error analysis (D) holding that the trial courts error in not allowing defendant to testify on direct examination as to nature and circumstances of prior convictions was not harmless error where credibility of the defendant was critical to the deliberations of the jury (E) holding that any error was harmless and thus not plain error

A: (A)
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Q: 203, 216, 85 S.Ct. 398, 13 L.Ed.2d 233 (1964) (“The Board’s power [to order remedies] is a broad discretionary one, subject to limited judicial review.”); McKinney ex rel. N.L.R.B. v. Southern Bakeries, LLC, 786 F.3d 1119, 1125 (8th Cir. 2015) (noting the NLRB’s broad remedial powers to remedy employer violations in the shape of unfair labor practices); Medallion Kitchens, Inc. v. NLRB, 811 F.2d 456, 460 (8th Cir. 1987) (observing that the NLRA affords “the Board broad .latitude in fashioning remedies for unfair labor practices”). To illustrate further, should an employer commit misconduct while she is at the bargaining table, so to speak, the NLRB may mandate the employer to reimburse the corresponding labor organization for bargaining expenses. See HTH Corp., 361 NLRB No. 65 (2014) (<HOLDING>). With respect to labor schedules and other 
 Holding statements: (A) holding there was no jury trial right where court ordered reinstatement and back pay to teachers fired after desegregation order in discrimination case back pay is equitable (B) recognizing nlrbs power to order reinstatement front pay back pay wideranging ceaseanddesist orders furnishing the union with relevant information and noticereading requirement among other remedies (C) holding that back pay may be awarded to the date of judgment (D) holding that an award of back pay is an issue for the court (E) holding in an adea case that when after acquired evidence of employee wrongdoing cut off accrual of back pay reinstatement or the award of front pay was inappropriate

A: (B)
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Q: for kidnapping, and to a concurrent twenty-year sentence for aggravated sexual assault into which it merged the remaining convictions. During the course of trial on Indictment I, defendant was arrested at the courthouse for the Lakewood rape on charges that would form the basis of Ocean County Indictment Number 90-04-0519 (Indictment II). He was convicted by a jury of kidnapping and two counts of criminal sexual contact on Indictment II in 1993 and sentenced to another discretionary extended term of life imprisonment with a twenty-five-year period of parole ineligibility on the kidnapping count consecutive to the sentence he was then serving arising out of Indictment I. In 2011, following our decision in State v. Pennington, 418 N.J.Super. 548, 557-58, 14 A.3d 790 (App.Div.2011) (<HOLDING>), certif. denied, 209 N.J. 595 (2012), 
 Holding statements: (A) holding that minnesota stay of imposition is sentence for purposes of federal sentencing guidelines even if no term of probation was imposed (B) holding that an additional term did not materially alter the contract because the plaintiff cannot profess to be surprised by an additional term in an invoice when the price quotation contained the identical term (C) holding that district judge was laboring under the misapprehension that in his words a term of supervised release can be reduced but cant be extended thats wrong it can be extended (D) holding that a second extended term cannot be imposed on an offense occurring before the imposition of the first extended term under njsa 2c445b1 (E) holding that there can be no implied contractual term at variance with an express term of a contract

A:
(D)
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