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.
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Question: de novo on all issues bearing on the proper sentence.” Teffeteller v. State, 495 So.2d 744, 745 (Fla.1986). In noncapital cases, too, we have concluded that “resentencing entitles the defendant to a de novo sentencing hearing with the full array of due process rights.” Trotter v. State, 825 So.2d 362, 367-68 (Fla.2002); see also Galindez v. State, 955 So.2d 517, 525 (Fla.2007) (Cantero, J., specially concurring) (“We have consistently held that resentencing proceedings must be a ‘clean slate,’ meaning that the defendant’s vacated sentence becomes a ‘nullity’ and his ‘resentencing should proceed de novo on all issues bearing on the proper sentence.’ ” (citation omitted)); Walker, 988 So.2d at 8 (Altenbernd, J., concurring specially) (“Generally, courts have held that once a def A 1998) (<HOLDING>); Baldwin v. State, 700 So.2d 95, 96 (Fla. 2d 
 Holding statements: (A) holding that at resentencing the state must present evidence on an enhanced sentencing factor despite having done so at the prior sentencing hearing (B) holding that the state had the burden of proving the defendants two prior convictions in order to obtain the felony dui conviction (C) holding that at a resentencing the state must again prove the basis for an enhanced sentence even though such evidence was produced at the original sentencing (D) holding that even though the defendant did not challenge his prior convictions at the original sentencing lawofthecase principles do not insulate the state from proving them at resentencing (E) holding that at resentencing on violation of probation trial court may revise guidelines scoresheet to reflect prior convictions mistakenly omitted from the original through no fault of the defendant

Answer: (D)


Question: any physician that described her as obese, much less gave an opinion that her weight imposed additional limitations upon her or exacerbated her other conditions. Therefore, even if Reynolds’ silence on the issue of obesity is not deemed to waive consideration of that issue, it does not appear that evidence existed regarding her obesity that the ALJ should have considered. The ALJ also did not err in assessing Reynolds’ credibility. An ALJ is in the best position to observe witnesses’ de meanor and to make an appropriate evaluation as to their credibility. Walters v. Comm’r of Soc. Sec., 127 F.3d 525, 531 (6th Cir.1997). Therefore, an ALJ’s credibility assessment will not be disturbed “absent compelling reason.” Smith v. Halter, 307 F.3d 377, 379 (6th Cir.2001); Walters, 127 F.3d at 531 (<HOLDING>). In making a credibility determination, Social 
 Holding statements: (A) holding that agency interpretation which is reasonable is entitled to deference (B) holding that the courts conclusion that transfer was appropriate is to be accorded great deference (C) holding that the district courts credibility assessments are entitled to deference and reviewed for clear error (D) recognizing aljs credibility assessment is entitled to great weight and deference (E) holding that an unambiguous plea agreement is entitled to great evidentiary weight

Answer: (D)


Question: * * *.”); accord Lynch, supra, 85 N.J. at 71, 424 A.2d 1169 (stating that in some medical-malpractice cases “fault is not implicit in injury”). Although litigants are not noted for an ability dispassionately to appraise both s .Y.S.2d 831 (1968) (applying continuous-representation rule as adaptation of continuous-treatment rule); Wilson v. Econom, 56 Misc.2d 272, 288 N.Y.S.2d 381 (Sup.Ct.1968) (same). In the medical-malpractice context we stated that “it would be inequitable for a physician who has given * * * assurances [of progress towards recovery] to claim that a patient, in relying upon them and not suspecting their falsity or inaccuracy, failed to exercise the ‘reasonable diligence and intelligence’ required by the discovery rule.” Lynch, supra, 85 N.J. at 75, 424 A.2d 1169 (<HOLDING>) The reasoning in Lynch is equally applicable 
 Holding statements: (A) holding testimony of a treating physician is not subject to discovery procedures under the iowa rule governing discovery of experts be cause the treating physicians mental impressions and opinions were not acquired or developed in anticipation of litigation or for trial (B) holding that treating physicians testimony was properly discounted when it was inconsistent with physicians own treatment reports and the record as a whole and appeared to be based on patients subjective complaints (C) holding that treating physicians continued reassurances that a patients pain was part of the healing process prevented discovery (D) holding that where the alj had already  obtained and considered reports from treating physicians the alj had before him a complete medical history and the evidence received from the treating physicians was adequate for him to make a determination as to disability (E) holding that remand was not required and that the aljs failure to mention treating physicians opinion was harmless error because the alj adopted the treating physicians recommendations

Answer:
(C)