instruction:
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.
question:
proceeding”). Here, the only evidence that th .Crim.App.2000) (stating, in motion to suppress context, “[T]he judge may believe or disbelieve all or any part of a witness’s testimony, even if that testimony is not controverted”). Appellant’s and Sanchez’s after-the-fact, out-of-court averrals about appellant’s ability to understand the proceedings and waivers he signed were untimely factual statements in appellant’s self-interest. Even though the State did not offer affidavits to controvert appellant’s and Sanchez’s affidavits, it was within the trial court’s discretion to disbelieve the assertions contained in those affidavits that appellant does not read or speak English. See Charles, 146 S.W.3d at 210; Shanklin, 190 S.W.3d at 167; see also Phuong Anh Thi Le, 300 S.W.3d at 327 (<HOLDING>). The trial court, and not this Court, is in 
 Holding statements: (A) holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record (B) holding that in reviewing trial courts ruling on habeas corpus petition reviewing court must defer to all of trial courts implied factual findings supported by record (C) recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous (D) holding that as long as the findings are supported by substantial evidence the board must defer to the hearing committees credibility determinations because they are subsidiary findings of basic facts (E) holding that appellate court must defer to all implied factual findings supported by record
answer:
holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record


question:
subjective, although it is usually proved by inference from the acts of the accused. Thus, intentionally entering or intentionally remaining unlawfully upon the described premises with the intent to commit any crime against a person or property rights constituted burglary, and therefore, it cannot logically be said that specifying the particular crime intended to be committed is, under our statutes, an essential element which must be alleged in order to charge the crime of burglary actual commission of a second underlying offense, in order to sufficiently charge the offense, it is incumbent on the State to allege the essential elements of the underlying offense; identification of the offense by name or statutory reference will not suffice. Cf. Elliott, 77 Hawaii at 312, 884 P.2d at 375 (<HOLDING>). Therefore, we adopt the rule set out in 
 Holding statements: (A) holding that where the writings on file were insufficient to constitute an effective charge a charge had not been effectively filed despite the fact that the eeoc had assigned the case a charge number (B) holding that a charge not taken under oath or affirmation is not a valid charge (C) holding that the omission of an element from the jury charge is subject to harmlesserror review (D) holding that trial court did not err in refusing to give charge because plaintiff failed to demonstrate that his requested charge was tailored to the evidence (E) holding that statutory references in charge did not cure the omission of essential elements in the challenged counts of the charge
answer:
holding that where the writings on file were insufficient to constitute an effective charge a charge had not been effectively filed despite the fact that the eeoc had assigned the case a charge number


question:
PER CURIAM. Donald Jackman, Jr. appeals the District Court’s order denying his motion filed pursuant to Fed.R.Crim.P. 41(g) for the return of firearms and other property seized during a search of his residence. In February 2002, Jackman was convicted of possession of an unregistered destructive device and pled guilty to possession of a firearm by a felon. He was subsequently sentenced to 262 months in prison. His conviction and sentence were affirmed on appeal. In a separate proceeding, the government filed for forfeiture of several of Jackman’s firearms, a Cir.2000)(<HOLDING>). Although Jackman focuses primarily on 
 Holding statements: (A) holding that a convicted felon is not entitled to return of firearms or to have firearms held in trust by third party (B) holding that a convicted felon is not entitled to have firearms returned held in trust or sold for his profit (C) holding the defendant was a convicted felon within the purview of the federal statute prohibiting the receiving and possession of firearms by a convicted felon where the defendants prior conviction was based on an idaho state probated sentence (D) holding that a convicted felon may sue a municipal government to recover the value of seized firearms that he owned (E) holding that dual convictions of possession of a firearm by a convicted felon and possession of ammunition by a convicted felon violated double jeopardy
answer:

holding that a convicted felon is not entitled to have firearms returned held in trust or sold for his profit