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.
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Question: background nor his current offense can support the conclusion that he is a worst offender. The maximum sentence was therefore not justified. In deciding to impose the maximum sentence, Judge Michalski relied primarily on his conclusion that Skrepich was incapable of rehabilitation and could not personally be deterred. The judge thus gave primary emphasis to the need to protect the public by isolating Skrepich from the community. While the judge also indicated that a lengthy sentence would serve the sentencing goals of general deterrence and community condemnation, it seems clear that these goals could not, in themselves, support the imposition of a maximum, ten-year term for a first offender convicted of a class B felony. See Pears v. State, 698 P.2d 1198, 1204-05 (Alaska 1985) (<HOLDING>). The appropriateness of the maximum term 
 Holding statements: (A) holding that the district courts failure to explain the effect of supervised release was harmless where the maximum term of incarceration under the actual sentence of imprisonment and supervised release less than six years as well as his worstcase scenario less than nine years was less than the maximum term of incarceration twenty years al lowed by law (B) holding that a defendant may be convicted of felony murder when the death of his accomplice was a reasonably foreseeable result of their commission of a felony (C) holding that first and seconddegree intentional murder verdicts are consistent with a felony murder verdict because lack of intent is not an element of seconddegree felony murder (D) holding that a term of substantially less than twenty years would serve the objectives of general deterrence and community condemnation in the case of a first offender convicted of seconddegree murder an unclassified felony (E) holding that twenty years was not excessive for second felony offender convicted of simple burglary

Answer: (D)


Question: S.E.2d at 629 (emphasis added). Similarly, in Sparks v. Peacock, plaintiff husband filed an action in superior court seeking contributions for payments on promissory notes executed by both he and his wife. Unlike the Garrison litigants, however, the parties in Sparks had not brought an action for equitable distribution in district court. Based on the wife’s motion, the superior court dismissed the action for lack of subject matter jurisdiction. On appeal, this Court acknowledged the jurisdictional nature of section 7A-244, stating that if the parties had indeed brought an equitable distribution action and such action was pending pursuant to section 7A-244, the superior court would not have jurisdiction over the propriety of payments on the promissory note. Id. at 641, 500 S.E.2d at 118 (<HOLDING>); see also Ward v. Ward, 116 N.C. App. 643, 
 Holding statements: (A) recognizing that defendant correctly stated that the district court has jurisdiction over equitable distribution actions and citing section 7a244 (B) holding that the information must establish that the court has jurisdiction over both the subject matter and the parties (C) holding that personal jurisdiction over partner did not follow from jurisdiction over partnership citing sher (D) holding that court of claims has jurisdiction over actions for breach of standard contract (E) recognizing the difference between jurisdiction over an action and jurisdiction over an issue and holding that although section 2074207 vests the family court with exclusive jurisdiction over actions to determine paternity under section 621302a1 the probate court has jurisdiction to resolve the issue of paternity when the issue is essential to the probate courts determination of heirs

Answer: (A)


Question: itself.” United States v. Maxwell, 363 F.3d 815, 818 (8th Cir.2004), cert. denied, 543 U.S. 1154, 125 S.Ct. 1293, 161 L.Ed.2d 119 (2005). Wells contends that the evidence does not show that he actually or constructively possessed the Mauser or the Marlin. With respect to the Mauser, Wells argues that his father owned the house and Wells was not aware of any firearms in the house on the day of the decoy deer incident. He also never touched the Mauser that Elsen brought from the house because she placed it in the truck and Reents shot the firearm at the decoy. However, a reasonable jury could find that Wells had dominion and control over the house because Elsen testified that Wells was in charge of it when his father was away. See United States v. Urick, 481 F.3d 300, 303 (8th Cir.2005) (<HOLDING>). Wells also testified that the firearm Elsen 
 Holding statements: (A) recognizing theory of constructive possession (B) holding that evidence that the defendant lived in a home where marijuana was being cultivated was insufficient to support a finding of constructive possession (C) holding that a defendant had constructive possession over firearms located in a residence where he lived and kept his personal effects (D) holding that proof that the person has dominion over the premises where the firearm is located is sufficient to establish constructive possession citation omitted (E) holding that evidence was insufficient to prove constructive possession where the defendant was in jail at the time the drugs were seized from his residence

Answer:
(C)