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: not reached a final decision on the merits, entitling a litigant to relitigate the issue. International Nutronics, 28 F.3d at 970-71 (antitrust claim against joint venture bidders could have been brought in pri- or bankruptcy proceeding, thus, claim was precluded in subsequent suit to avoid the sale); International Union of Operating Eng’r.-Employers Constr. Indus. Pension, Welfare & Training Trust v. Karr, 994 F.2d 1426, 1430 (9th Cir.1993) (in employee action to recover benefits from employer, employee’s audit claim barred by res judicata because it could have been brought in prior proceeding). If litigants could bring a new suit whenever an issue was not previously litigated, no judgment would ever be final. See Ellingson v. Burlington N., Inc., 653 F.2d 1327, 1331 (9th Cir.1981) (<HOLDING>). The proper method to challenge the decision 
 Holding statements: (A) holding that the application of an extended statute of limitations to offenses occurring prior to the legislative extension where the prior and shorter statute of limitations has not run as of the date of such extension does not violate the ex post facto clause citing united states v powers 307 us 214 21718 59 sct 805 807 83 led 1245 rehg denied 308 us 631 60 sct 66 84 led 526 1939 (B) holding that an indemnitees settlement must be in an amount reasonable in view of the size of possible recovery and degree of probability of claimants success against the indemnitee quoting damanti v as inger 314 f2d 395 397 2d cir1963 cert denied 375 us 834 84 sct 46 11 led2d 64 1963 (C) holding that a change in law does not affect the res judicata effect of judgments citing chicot county drainage dist v baxter state bank 308 us 371 375 60 sct 317 319 84 led 329 rehg denied 309 us 695 60 sct 581 84 led 1035 1940 (D) recognizing nardone v united states 308 us 338 60 sct 266 84 led 307 1939 taint test as controlling authority (E) holding that due process forbids the use of a coerced confession irrespective of its truth as announced in jackson v denno 378 us 368 84 sct 1774 12 led2d 908 to be retroactive

A: (C)
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Q: or “plain error” exists. See, e.g., State v. Brown, 853 P.2d 851, 853-54 (Utah 1992); State v. Gibbons, 740 P.2d 1309, 1311 (Utah 1987); State v. Steggell, 660 P.2d 252, 254 (Utah 1983). In the present case, or in any similar case, the only way that a defendant could challenge the constitutionality of section 78 — 3—31(6)(a) would be first to consent to a hearing by a commissioner and then to challenge the validity of that very consent. Such a procedure would likely be futile inasmuch as it would invariably result in the withdrawal of the consent, either by the defendant or by court order. Indeed, absent the approach taken by Ohms, it is unlikely that section 78-3-31(6)(a) would ever be subject to constitutional scrutiny. This is precisely the sort of exceptional circu Ct.App.1990) (<HOLDING>). For example, a legislator cannot appoint 
 Holding statements: (A) holding that utah const art vi  1 limits legislatures ability to delegate legislative powers or functions to others (B) holding that the governor of new york has only those powers delegated to him by the state constitution and the statutes (C) holding that the contact clause reaches every form in which the legislative power of a state is exerted whether it be a constitution a constitutional amendment an enactment of the legislature a bylaw or ordinance of a municipal corporation or a regulation or order of some other instrumentality of the state exercising delegated legislative authority (D) holding that crime definition and penalty powers are essential legislative functions that cannot constitutionally be delegated by the utah legislature to any other person or body (E) holding that legislative functions such as powers of zoning and rezoning cannot be delegated

A: (D)
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Q: Brady claims fail where the claimant fails specifically to identify the “potential undisclosed Brady materials” or “to set forth any specific facts indicating that such evidence was withheld. Conclusory or speculative allegations that the Government failed to disclose evidence are insufficient to support a Brady violation.” Verdel v. Cunningham, No. 07-CV-0837, 2008 WL 2755833, at *4 (S.D.N.Y. July 14, 2008); see also Visich v. Walsh, No. 10-CV-4160, 2013 WL 3388953, at *16 (S.D.N.Y. July 3, 2013) (‘Without more, [petitioner's unsupported assertion that the prosecution failed to disclose exculpatory or impeaching information at the time of trial ... is insufficient to warrant habeas relief.”); Castillo v. United States, No. 07-CV-2976, 2010 WL 3912788, at *6 (S.D.N.Y. Sept. 8, 2010) (<HOLDING>); Skinner v. Duncan, No. 01-CV-6656, 2003 WL 
 Holding statements: (A) holding unobjectedto conclusory testimony insufficient to support judgment (B) holding a broad claim with no factual support was insufficient to satisfy rule 9b (C) holding that vague conclusory statements are insufficient (D) holding that a partys single conclusory sentence in his brief on appeal regarding a claim of error was tantamount to a waiver of that claim (E) holding that where petitioner did not point to any specific evidence that was withheld his broad conclusory claims  were insufficient to support his claim of a constitutional violation

A:
(E)
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