TASK DEFINITION: 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.
PROBLEM: But he claims that release at age 60 is a geriatric release and the functional equivalent of life without parole in violation of the Eighth Amendment. He also argues that such release violates the principles in Graham, Miller, and Montgomery because release at age 60 provides only grim prospects for any meaningful future outside prison. [¶12.] Even if Charles’s 92-year sentence is equivalent to a sentence of life without parole, that alone does not mean his sentence is unconstitutional under Eighth Amendment precedent. The United States Supreme Court bars mandatory life sentences without parole against juvenile homicide offenders, not discretionary sentences of life without parole. See Miller, 567 U.S. at -, 132 S.Ct. at 2469; State v. Springer, 2014 S.D. 80, ¶ 15, 856 N.W.2d 460, 466 (<HOLDING>). [¶13.] In response, Charles asks this Court 
 Holding statements: (A) holding sentences of life without parole unique in their severity (B) holding that graham which prohibited the imposition of a life without parole sentence on a juvenile offender who did not commit homicide does not apply to a lengthy termofyears sentence that might constitute a de facto life sentence (C) recognizing that njeither graham nor miller explicitly  apply to the functional equivalent of life without parole ie de facto life sentences (D) holding that consecutive fixedterm sentences for juveniles who committed multiple nonhomicide offenses are not clearly unconstitutional under graham even when they amount to the practical equivalent of life without parole (E) holding that williams fiftyyear sentence is not a de facto life sentence in violation of graham

SOLUTION: (C)

PROBLEM: be ascertained from the creating instrument, the permissible uses of an easement acquired by prescription are necessarily defined by the use of the servient land during the prescriptive period.”). In French, plaintiffs acquired a prescriptive right of user over a roadway for certain discrete purposes based on their past use of the property. We concluded that plaintiffs were not entitled to make a different use of the roadway because it would increase the burden on the servient estate and it would extend the right acquired by plaintiffs’ prior use of the property. French, 135 Vt. at 80, 369 A.2d at 1388. Thus, French does not support plaintiffs’ assertion that the reasonable use of the right>of-way at issue here depends on its historical use. Cf. Nelson, 113 Vt. at 172, 32 A.2d at 146 (<HOLDING>). Moreover, as previously discussed, we agree 
 Holding statements: (A) recognizing that an easement may entitle the easement owner to do acts which were not for the easement would constitute a nuisance (B) holding that one who possesses deeded easement need not use the easement to maintain his title and easement cannot be extinguished from nonuser alone (C) recognizing that where a grantee has an easement which he shares with others his duty to repair and maintain it must be apportioned with all other easement holders based upon the extent of the individuals use of the easement (D) holding that an easement agreement and an unrecorded easement plan created an easement (E) recognizing that one cannot have an easement in his own land

SOLUTION: (B)

PROBLEM: A defendant has the constitutional right to decline to testify against himself in a criminal proceeding. See U.S. Const, amend. V; art. I, § 9, Fla. Const. Therefore, “[a]ny comment on, or which is fairly susceptible of being interpreted as referring to, a defendant’s failure to testify is error and is strongly discouraged.” State v. Marshall, 476 So.2d 150, 153 (Fla.1985); see also Fla. R. Crim. P. 3.250 (prosecuting attorney prohibited from commenting on the defendant’s failure to testify on his or her behalf). The “fairly susceptible” test is a “very liberal rule.” Dessaure v. State, 891 So.2d 455 (Fla.2004). Defense counsel’s failure to object to an improper comment by the prosecution may serve as a basis for a post-conviction claim. Darling v. State, 966 So.2d 366, 385 (Fla.2007) (<HOLDING>). Rule 3.850, Florida Rules of Criminal 
 Holding statements: (A) holding that it was not deficient for counsel to fail to object to a standard instruction that had not been invalidated by this court (B) holding that failure to object to properly admitted evidence was not deficient performance by trial counsel (C) holding the defendant had stated an arguable basis for finding counsel deficient for failing to object to improper prosecutorial comments (D) holding trial counsel was deficient for failing to object to unadjudicated extraneous offenses in a psi report (E) holding that counsel was not deficient for failing to make an objection that lacked merit

SOLUTION:
(C)