TASK DEFINITION: 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.
PROBLEM: of discretion standard. See State v. Ross, 180 Ariz. 598, 603, 886 P.2d 1354, 1359 (1994). Statements stemming from a state actor’s custodial interrogation of a defendant are not admissible unless he is warned of his Fifth Amendment “right to remain silent” and that “anything said can and will be used against [him] in court.” Miranda v. Arizona, 384 U.S. 436, 469, 86 S.Ct. 1602, 1625, 16 L.Ed.2d 694 (1966). ¶ 19 The State concedes here that Appellant was in police custody when Nurse Geyer questioned him at the hospital. Even if a defendant is in custody, however, Miranda warnings are required when a med ical professional conducts an interrogation only if that medical professional is a state actor. See Estelle v. Smith, 451 U.S. 454, 468, 101 S.Ct. 1866, 1876, 68 L.Ed.2d 359 (1981) (<HOLDING>). See also State v. Vickers, 129 Ariz. 506, 633 
 Holding statements: (A) recognizing a public safety exception to the requirement that miranda warnings be given in order to use a suspects statement as evidence against him at trial (B) holding that phrase i know i have the right to remain silent together with phrase and knowing that anything i say may be used against me substantially complied with article 3822 warnings even though warnings failed to advise accused that his statement could be used against him at his trial or in court because it advised him his statement could be used against him in any type of context not just those mentioned in article 3822 subsection 2a1 and 2 (C) holding that a defendants jailhouse statements to a courtappointed psychiatrist could not be used against him in the penalty phase of a murder trial because the psychiatrist failed to give the defendant miranda warnings (D) holding that the warnings in their totality satisfied miranda (E) holding that the government cannot use postarrest silence against a defendant because miranda warnings give implicit assurances that silence will not be used against a person and accordingly it would be fundamentally unfair and a violation of due process to allow a defendants silence to be used to impeach him at trial

SOLUTION: (C)

PROBLEM: as here, the recalcitrant witness is at liberty pending appeal. In so holding, we join all of the circuits which have squarely addressed the issue. See In re Grand Jury Matter, 906 F.2d 78, 82-83 (3d Cir.1990), cert. denied sub nom. Backiel v. United States, — U.S. -, 111 S.Ct. 509, 112 L.Ed.2d 521 (1990); In re Sealed Case, 829 F.2d 189 (D.C.Cir.1987); In re Grand Jury Proceedings, 785 F.2d 629, 631 n. 4 (8th Cir.1986); United States v. Johnson, 736 F.2d 358, 361-62 n. 5 (6th Cir.1984); In re Witness Before Special October 1981 Grand Jury, 722 F.2d 349, 353 (7th Cir.1983); In re Rosahn, 671 F.2d 690, 694 (2d Cir.1982); Brown v. United States, 465 F.2d 371, 372 (9th Cir.1972). But see In re Berry, 521 F.2d 179 (10th Cir.), cert. denied, 423 U.S. 928, 96 S.Ct. 276, 46 L.Ed.2d 256 (1975) (<HOLDING>). The foregoing cases have noted that the 
 Holding statements: (A) holding that the deadmans statute should not be extended by judicial construction to cases not clearly within its terms (B) recognizing that denying outofeell exercise for extended periods may constitute cruel and unusual punishment (C) holding that it may not (D) holding that the statutes 30 day provision is mandatory and may not be extended and dicta that it may not be extended by release from incarceration (E) holding that statutory habeas jurisdiction extended to guantanamo

SOLUTION: (D)

PROBLEM: is signed. Tex.R.App.P. 41(a)(1). The Bank argues that the Restre-pos’ failure to file their affidavit in the cause number assigned to the severed party within thirty days of the severance deprives this Court of jurisdiction. A court of appeals has jurisdiction over an appeal when an appellant files an instrument that is “a bona fide attempt to invoke appellate court jurisdiction.” City of San Antonio v. Rodriguez, 828 S.W.2d 417, 418 (Tex.1992) (per curiam); Mu on for new trial filed under old cause number, but seeking new trial as to a severed party, extends the appellate timetable and allows perfection of an appeal as a bona fide attempt to invoke appellate jurisdiction, making the court of appeals’ dismissal improper); Grand Prairie Independent School Dist., 813 S.W.2d at 500 (<HOLDING>). III. CONCLUSION We hereby give notice 
 Holding statements: (A) holding that a notice of appeal filed when an appeal bond is required to perfect is a bona fide attempt to invoke appellate jurisdiction and that the court of appeals dismissal was improper without first affording an opportunity to correct the defective perfection of appeal (B) holding that notice of appeal filed under the wrong docket number is a bona fide attempt to invoke appellate jurisdiction and that the court of appeals dismissal was improper (C) holding that the court did not have jurisdiction to hear an appeal after an untimely filing of a notice of appeal (D) holding that an appeal is perfected when the appeal bond is filed (E) holding that prejudice should be presumed where counsel filed notice of appeal but failed to perfect the direct appeal

SOLUTION:
(A)