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.

[EX Q]: trial court’s judgment wherein the appellant was sentenced to a loss of liberty”).’ ““““Berry v. State, 630 So.2d 127, 130 (Ala.Crim.App.1993) (footnote omitted). See also Custis v. United States, 511 U.S. 485, 494, 114 S.Ct. 1732, 128 L.Ed.2d 517 (1994) (‘ “If the accused ... is not represented by counsel and has not competently and intelligently waived his constitutional right, the Sixth Amendment stands as a jurisdictional bar to a valid conviction and sentence depriving him of his life or his liberty.... The judgment of conviction pronounced by a court without jurisdiction is void, and one imprisoned thereunder may obtain release by habeas corpus.” ’) (quoting Johnson v. Zerbst, 304 U.S. 458, 468, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938)); Weakley v. State, 721 So.2d 235, 236 (Ala.1998) (<HOLDING>).” “““Thus it is the lack of counsel, coupled 
 Holding statements: (A) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (B) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (C) recognizing the right to counsel on appeal (D) holding that the statutory right to counsel at a civil commitment hearing implicitly includes the right to the effective assistance of that counsel (E) holding that the right to counsel at arraignment is a jurisdictional matter
[EX A]: (E)

[EX Q]: Erickson-Puttmann concedes that her Title VII claim against Gill fails because Gill was not her employer. See e.g., Bonomolo-Hagen v. Clay Central-Everly Community Sch. Dist., 121 F.3d 446, 447 (8th Cir.1997) (“Our Court quite recently has squarely held that supervisors may not be held individually liable under Title VII.” (citing Spencer v. Ripley County State Bank, 123 F.3d 690, 691-92 (8th Cir.1997) (per cu-riam))). Lenhardt v. Basic Inst, of Tech., Inc., 55 F.3d 377, 381 (8th Cir.1995) (noting that “[e]very circuit that has considered the issue ultimately has concluded that an employee, even one possessing supervisory authority, is not an employer upon whom liability can be imposed under Title VII.”); Smith v. St. Bernards Reg'l Med. Ctr., 19 F.3d 1254, 1255 (8th Cir. 1994) (<HOLDING>). Therefore, the court concludes that summary 
 Holding statements: (A) holding that individual employees are not liable under title vii (B) holding that individual defendants may not be held liable for violations under title vii (C) holding individual employees may be liable under title vii (D) holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii (E) holding that there is no individual liability under title vii
[EX A]: (D)

[EX Q]: law for a defendant who was under the age of 18 years at the time of the offense, was sentenced to life imprisonment without parole prior to the effective date of this act, and for whom a resentencing hearing has been ordered.” For that reason, since Defendant is entitled to be resentenced by virtue of Miller and since Defendant was convicted of first degree murder solely on the basis of the felony-murder rule, he must be resentenced to life imprisonment with parole in accordance with N.C. Gen. Stat. § 15A-1340.19B(a). As a result, the trial court’s sentence should be vacated and this case should be remanded to the Wake County Superior Court for the entry of a judgment sentencing Defendant to life imprisonment with parole. State v. Lovette,_N.C. App._,_, 737 S.E.2d 432, 441-42 (2013) (<HOLDING>). in. Conclusion Thus, for the reasons set 
 Holding statements: (A) holding that prejudice was obvious where counsels failure to seek acquittal on greater offenses caused defendant to be sentenced to mandatory life imprisonment without possibility of parole (B) holding that a defendant impermissibly sentenced to life imprisonment without the possibility of parole in violation of miller should be awarded a new sentencing hearing to be conducted in accordance with the provisions of nc gen stat  15a134019b (C) holding that because minor defendant was mandatorily sentenced to life imprisonment without parole and because his case was still pending on direct appeal when miller was released the minor defendant was entitled to a new sentencing hearing (D) holding that a sentence of life in prison with the possibility of parole as applied to a threetime offender is constitutional (E) recognizing that before the case was submitted to the jury the trial court charged the jury that if it were unable to reach a unanimous recommendation the court would impose a sentence of life imprisonment without the possibility of parole
[EX A]:
(B)