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.

Ex Input:
of the property. See C.R.E. 602; C.R.E. 701. However, there is no evidence in the record which establishes that Pomeranz ever paid a bill relating to the maintenance of the property or that he was personally responsible for any aspect of the maintenance because McDonald’s had been responsible for the payments for the past fifteen years. Because no adequate evidentiary foundation was laid for Pomeranz’s estimation of maintenance expenses on the property, it is impossible, absent pure speculation, to ascertain from the record how Pomeranz obtained the $4,800 estimation. The trial court's factual findings relating to future maintenance expenses are not sustained by either competent or adequate evidence and are therefore clearly erroneous. See Anderson, 170 Colo. at 13, 458 P.2d at 758 (<HOLDING>). The evidence presented by the petitioners on 
 Holding statements: (A) holding because defendant does not argue in his brief that these findings of fact are not supported by    evidence in the record this court is bound by the trial courts findings of fact (B) holding that a reviewing court will only presume that the trial court made implicit factual findings when such findings were necessary to its ultimate conclusion (C) holding that findings of fact are conclusive if supported by clear and convincing competent evidence even where the evidence might support contrary findings (D) holding that a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence (E) holding that where the original drug quantity determination is not specific enough for the district court to determine whether it has the authority to reduce a defendants sentence under  3582c2 that court may make new findings of fact that are supported by the record and are not inconsistent with the findings made in the original sentencing proceedings

Ex Output:
(D)


Ex Input:
been completed and 2) further investigation into issues such as whether there was hair in the shotgun hole was not necessary because, if used at trial, it would have been perceived as “tearing apart the victim.” Thus, Roark’s decision to not investigate was essentially a combination of acts within the wide range of reasonable professional assistance and one that falls within the category of strategic or tactical decisions that should not be second guessed. Hollon does not present any persuasive argument that' the investigation was below an objective standard. Consequently, we uphold the district court’s determination that Hollon has not established a claim of ineffective assistance of counsel in this regard. D. Suppression of Hollon’s Confession Hollon argues that Roark rendered in ) (<HOLDING>). In this case, the district court determined 
 Holding statements: (A) holding that counsels failure to move to suppress the defendants confession constituted ineffective assistance because it was obvious that the confession would have been suppressed (B) holding that a petitioner must show  that the outcome of his appeal would have been different had counsel raised the issue (C) holding that for an ineffective assistance of counsel claim to be established a defendant must show that but for counsels error the outcome of his proceedings would have been different (D) holding that to show prejudice in a claim of ineffective assistance of appellate counsel the petitioner must show a reasonable probability that but for counsels errors the result of the proceeding would have been different (E) holding that where the record supported the district courts conclusion that statements would not have been suppressed and there had been nothing submitted on appeal to lead to a different conclusion the petitioner had not shown any resulting prejudice from the failure to file a motion to suppress and therefore had not established a claim of ineffective assistance of counsel

Ex Output:
(E)


Ex Input:
on May 27, 2010, almost a full year after the limitations period expired. Absent any tolling of the one-year limitations period, Galindo’s habeas petition is clearly barred. Galindo argues the district court should have granted his request for an evidentiary hearing to address whether the doctrine of equitable tolling would apply to permit the late filing of his habeas petition. Under the doctrine of equitable tolling, the statute of limitations is tolled when the plaintiffs “failure to timely file was caused by extraordinary circumstances beyond his control.” Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir.2000). Equitable tolling is only appropriate, however, when a plaintiff “diligently pursues his claims.” Id.; see also Woodward v. Williams, 263 F.3d 1135, 1142-43 (10th Cir.2001) (<HOLDING>) (quotation and citation omitted), Galindo 
 Holding statements: (A) holding that equitable tolling under  2255 would be allowed if at all only for extraordinary circumstances (B) holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling (C) holding petitioners alleged ignorance of aedpas statute of limitations is insufficient to warrant equitable tolling (D) holding that aedpas statute of limitations is subject to equitable tolling only when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control (E) holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

Ex Output:

(D)