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: interests inferior to the unsecured creditors [and, t]hus there should be little difficulty with the absolute priority rule____”). Sweetwater does not dispute that general proposition, but argues that the insider claims in this case should be subordinated to it, and not receive or retain any property since Sweetwater’s claim is not being paid in full. The Court disagrees. Several courts have expressed the opinion that the claim of an insider or equity holder may not be treated unequally unless the insider or equity holder used superior knowledge concerning the debtor’s affairs in an unfair manner or equitable subordination principles otherwise apply. See e.g., In re ARN LTD. Ltd. P’ship, 140 B.R. 5, 13 (Bankr.D.D.C.1992), citing In re Ho-lywell Corp., 913 F.2d 873, 880 (11th Cir.1990) (<HOLDING>); Heritage Org., 375 B.R. at 301 (agreeing that 
 Holding statements: (A) holding that the mere fact that relevant evidence is shocking to the sensibilities does not make the admission of that evidence a violation of due process (B) holding that the mere fact that a claim is held by an equity security holder does not justify its subordination and insider claims may be equitably subordinated only based on evidence of unfair conduct (C) holding that direct evidence of a fact is not necessary and that circumstantial evidence is not only sufficient but may also be more certain satisfying and persuasive (D) holding that an employer in an employment discrimination case may not justify its conduct based on evidence that did not motivate it at the time of the employment decision (E) recognizing that mere passage of time does not make evidence irrelevant as it will also depend on the nature of the evidence and its relation to what is to be proven

SOLUTION: (B)

PROBLEM: erred in denying without a hearing his claim that trial counsel were ineffective because they “were under a conflict of interest in this case because counsels’ interest in spending the minimum amount of time on a case for which they were receiving no money conflicted with [Movant’s] desire that his case be fully litigated and investigated.... ” The State counters that the trial court did not clearly err in denying this claim because Movant failed to plead facts not refuted by the record demonstrating an actual conflict. To prevail on a claim of ineffective assistance of counsel based on a conflict of interest, a movant must show that an actual conflict of interest adversely affected counsel’s performance. Conger v. State, 356 S.W.3d 217, 221 (Mo.App.E.D. 2011) (quotation omitted) (<HOLDING>). “In order to prove a conflict of interest, 
 Holding statements: (A) holding that the trial court abused its discretion in denying a motion to substitute counsel on the strength of gonzalezs sworn responses at the pleataking that no one was threatening him or forcing him to plead where the defendant alleged that his attorney forced him to plead guilty  and threatened him if he did not take the plea (B) holding that defendant failed to plead sufficient facts and instructing the trial court to dismiss the plaintiff from the case (C) holding that right to appeal claim of ineffective assistance of counsel alleging that counsel failed to convey plea negotiations timely and adequately inform of consequences of pleading guilty to jury for sentencing waived because plea of guilty to jury was independent of and not supported by alleged ineffective assistance of counsel claims (D) holding no coercion where counsel told movant his conviction was likely because movant stated he understood full range of punishment and no one threatened him to plead guilty (E) holding that the movant failed to establish that plea counsel coerced him to plead guilty to avoid taking the case to trial

SOLUTION: (E)

PROBLEM: scheme, an Oklahoma capital sentencing jury's finding of any particular aggravating circumstance does not of itself "convict” a defendant and require the death penalty, and its failure to find any particular aggravating circumstance does not "acquit” a defendant and preclude the death penalty. 20 . The dissent acknowledges that Hogan can prevail only if this Court declines to follow Poland. 21 . The dissent misconstrues our holdings in Crawford v. State, 1992 OK CR 62, 840 P.2d 627, 640-41, Cheney v. State, 1995 OK CR 72, 909 P.2d 74, and Perry v. State, 1995 OK CR 20, 893 P.2d 521, 533-37, and misunderstands the Satta-zahn distinction between a jury’s non-finding of an aggravating circumstance and an acquittal on the merits of murder plus aggravating circumstances th 556 (2002) (<HOLDING>). Hogan’s aggravators were tried to a jury, not 
 Holding statements: (A) holding that if the existence of any fact increases the maximum punishment that may be imposed on a defendant that fact constitutes an element that must be found by a jury beyond a reasonable doubt (B) holding that if the imposition of the death penalty depends on the existence of aggravating factors a jury must find those factors beyond a reasonable doubt (C) holding that under the sixth amendment any fact which increases the penalty for a crime  eg by triggering a mandatory minimum sentence must be found by the jury beyond a reasonable doubt (D) holding that sixth amendment requires that a jury not a judge find the existence of any aggravating circumstance and that they be found beyond a reasonable doubt (E) holding that a sentencing judge sitting without a jury may not find an aggravating circumstance necessary for imposition of the death penalty

SOLUTION:
(D)