instruction:
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.
question:
that subsequent extraneous offenses are admissible to show a defendant’s intent as to an earlier offense. See U.S. v. Germosen, 139 F.3d 120, 128 (2nd Cir.1998) (upholding admission of subsequent act under Federal Rule of Evidence 404(b) to show intent regarding charged offense and holding, “[t]he fact that the evidence involved a subsequent rather than prior act is of no moment”); U.S. v. Latney, 108 F.3d 1446, 1449 (D.C.Cir.) (construing Federal Rule of Evidence 404(b) and holding that it “draws no distinction b Austin 1990, no pet.) (same). Accordingly, we hold that the trial court did not abuse its discretion by rejecting Russell’s contention that the Vogt Street offense was not admissible simply because it occurred after the Fast Freddy’s offense. Cf. Montgomery, 810 S.W.2d at 380 (<HOLDING>). Although, based on the authorities cited by 
 Holding statements: (A) holding that the grant of an injunction is reviewed for abuse of discretion but without deference to the legal conclusions of the trial court (B) recognizing that an appellate court reviews a trial courts decision whether or not to grant equitable relief only for an abuse of discretion (C) holding failure to exercise discretion is abuse of discretion (D) holding not an abuse of discretion to deny funds (E) recognizing that an abuse of discretion occurs when the trial court acts without reference to any guiding principles or rules
answer:
holding that the grant of an injunction is reviewed for abuse of discretion but without deference to the legal conclusions of the trial court


question:
for [her] employer! ] to operate efficiently and effectively.” Id. at 418-19, 126 S.Ct. 1951. The point of this inquiry, then, is “both to promote the individual and societal interests that are served when employees speak as citizens on matters of public concern and to respect the needs of government employers attempting to perform their im portant public functions.” Id. at 420, 126 S.Ct. 1951. With that premise as a backdrop, the Supreme Court held that “when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.” Id. at 421, 126 S.Ct. 1951; see also Haynes v. City of Circleville, 474 F.3d 357, 364-65 (6th Cir.2007) (<HOLDING>). Thus, Garcetti and its Sixth Circuit progeny 
 Holding statements: (A) holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern (B) holding that pursuant to garcetti plaintiffs speech made in the course of his official duties was unprotected as a matter of law (C) holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties (D) holding that garcetti barred claims involving speech not necessarily required by the plaintiffs job duties but nevertheless  related to his job duties (E) holding that when protected speech is inextricable from unprotected speech the court will treat the entire message as protected
answer:
holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern


question:
summary judgment favoring Defendant eliminated that duty. {13} The question of duty in the present case cannot, however, be resolved simply by reciting the general rules that Plaintiffs assert control. The question is whether the undisputed material facts are sufficient to establish that from the point of Haar’s missed appointments after March 8, 2000, to the point of Haar’s death, Defendant continued to have a duty of care to treat Haar in a manner that would protect against Haar’s suicide. Plaintiffs’ argument assumes that Defendant did have that duty. The district court did not think so. Neither do we. {14} “The general rule is that a person does not have a duty to act affirmatively to protect another person from harm.” Lee v. Corregedore, 83 Hawai'i 154, 925 P.2d 324, 329 (1996) (<HOLDING>); see Restatement (Second) of Torts § 314 
 Holding statements: (A) holding that instructing the jury on a legal duty theory when appellant had no legal duty to prevent the commission of the offense was error (B) holding a psychotherapist had no duty for the suicide of a patient in a noncustodial setting (C) holding an attorney violated his duty of candor to the tribunal by changing his clients interrogatory answers without the clients knowledge (D) holding that counselors had no duty to prevent suicides of noncustodial clients (E) holding no legal duty exists to prevent unforeseeable criminal acts
answer:

holding that instructing the jury on a legal duty theory when appellant had no legal duty to prevent the commission of the offense was error