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.

[Q]: to the exercise of discretion by the trial court. Penn s to avoid the appearance of impropriety is a worthy standard for professional conduct, a criminal defendant’s constitutional right to due process does not entitle him to a prosecution free of such appearances. Cf. Cuyler v. Sullivan, 446 U.S. 335, 348, 100 S.Ct. 1708, 1718, 64 L.Ed.2d 333 (1980) (stating that a defendant’s Sixth Amendment right to counsel is not violated when his lawyer has a “possible” or “potential” conflict of interest). Instead, a criminal defendant is denied due process only when his former counsel joins a Commonwealth’s Attorney’s office and is not effectively screened from contact with the Commonwealth’s attorneys who are handling the defendant’s case on a related matter. See Thompson, 246 So.2d at 763 (<HOLDING>); United States v. Goot, 894 F.2d 231, 236-37 
 Holding statements: (A) holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person (B) holding than an attorney who serves as a mediator cannot subsequently represent anyone in a substantially related matter without the consent of the original parties because mediators routinely receive and preserve confidences in much the same manner as an attorney and where the mediator was privy to confidential information the applicable ethical rules impose the same responsibility as the rules relating to any attorneys subsequent representation of a former client (C) holding that defendants right to due process was not violated by the employment of his former counsel in the us attorneys office where the former counsel recused himself and was screened from the prosecution of defendants case (D) holding that an attorney may only undertake to represent a new client against a former client  where there is no confidential information received from the former client that is in any way relevant to representation of the current client (E) holding that a defendants due process rights are violated only if his former lawyer prosecutes him on a matter related to the representation or discloses client confidences to other prosecutors
[A]: holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person


[Q]: the defendants conceded that, as a general rule, homogenous precinct analysis may be more reliable than ecological regression, we cannot say that the district court clearly erred in accepting Mag-giotto's numbers and treating the election as arguably split-preference. 5 . The defendants also argue that, even if there is a statutory violation, Section 2 should not be enforced because it is unconstitutional under the Equal Protection Clause, principles of federalism, and' the "congruence and proportionality” test established by City of Boerne v. Flores, 521 U.S. 507, 117 S.Ct. 2157, 138 L.Ed.2d 624 (1997). We need not address this argument in light of our holding that Section 2 has not been violated. See Slack v. McDaniel, 529 U.S. 473, 485, 120 S.Ct. 1595, 1604, 146 L.Ed.2d 542 (2000) (<HOLDING>) (quoting Ashwander v. TVA, 297 U.S. 288, 347, 
 Holding statements: (A) holding that a district courts ruling may be upheld on an alternative ground supported by the record (B) holding that judgment may be affirmed on any ground supported by the record (C) holding that a successor judge may consider a motion for new trial in a case tried to the court where she is not required to weigh conflicting evidence or pass upon the credibility of witnesses but can resolve such issues  upon evidence which is not materially in conflict (D) holding that to preserve an issue for appellate review the specific legal argument or ground upon which it is based must be presented to the trial court (E) recognizing that courts should not pass upon a constitutional question although properly presented by the record if there is also present some other ground upon which the case may be disposed of
[A]: holding that a district courts ruling may be upheld on an alternative ground supported by the record


[Q]: knowingly and willfully failed to comply with all the requirements of this section, the court may dismiss the case with prejudice. When a trial court finds a petition does not comply with the statute, "it shall be returned together with a copy of [§ 2008.1] and a statement of the reason or reasons for its return." Id. The Supreme Court has interpreted this provision to allow the trial court "to return the petition only if it does not comply with the requirements set forth in § 2008.1(B) and (C)," and not for failure to state a claim. Lowe v. Monard, 1997 OK 100, ¶ 4, 942 P.2d 732, 733. 115 The Oklahoma Supreme Court "has often implicitly recognized the right of an imprisoned person to commence a private civil action against a third party." Mehdipour, 2003 OK 3 at ¶ 17, 65 P.3d at 274 (<HOLDING>). According to Mehdip-our, 12 0.8. § 2008.1 
 Holding statements: (A) holding that attorneys fees under adea may not be recovered against a defendant who was not an employer of the plaintiff (B) holding that a ttca claim based on an officers allegedly negligent use of his service weapon was a claim for intentional tort not negligence (C) holding that plaintiff may be heard on his nonconstitutionally based tort claim against his former attorneys (D) holding that a title vii retaliation claim was not properly before the court because although the plaintiff had not been fired when he filed his complaint the plaintiff never amended his complaint to include a claim of retaliation based on his termination (E) holding that the appellant waived his claim on appeal because he failed to address that claim in either his application for a coa or his brief on appeal
[A]:
holding that attorneys fees under adea may not be recovered against a defendant who was not an employer of the plaintiff