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.

[Q]: 285 S.W.3d 884, 890 (Tex.Crim.App.2009) (quotation omitted). B. Crush Analysis Testimony Yergin was apparently planning to testify about estimated speeds of the F-250 and the Hyundai based on the amount of “crush” to the Hyundai. Although Yer-gin testified in front of the jury that there was probably a difference in speed between the two vehicles of 10 to 20 miles per hour, she never stated at any time what speeds she estimated the vehicles to be traveling. Nor did appellant’s counsel explain to the court what speeds Yergin concluded the vehicles were traveling. This information would be crucial to understanding what testimony was excluded and whether the exclusion was harmful. See id. A general statement that she would testify about the vehicles’ speeds is insufficient. See id. at 891 (<HOLDING>). Further, appellant’s trial counsel explained 
 Holding statements: (A) holding that evidence of impaired mental functioning is inherently mitigating and that a defendant is not required to demonstrate a nexus between his mental capacity and the crime committed (B) holding defendant was not required to make a reasonable accommodation for an employee because the employee did not apprise defendant that she suffered from a mental impairment (C) holding that counsels performance was deficient for failing to investigate readily available evidence of mental impairment (D) holding that the defendant lacked sufficient contacts with the forum state because there was no evidence the defendant knew where the product would be sold (E) holding that a general statement about how the defendant wanted to introduce evidence of medical or mental impairment to show that the defendant lacked the proper mental state was an insufficient offer  there must be some meat of the actual evidence
[A]: (E)


[Q]: sophisticated consumer” might well reach the same conclusion. In sum, particularly at this early stage, defendants cannot establish as a matter of law that Santander is a creditor exempt from the FDCPA. Thus, the motion to dismiss should be denied. TCPA Claims Defendants move to dismiss plaintiffs’ claims under the TCPA based on an exception contained in 47 C.F.R. § 64.1200(a)(2), which excepts calls to a residential line when made pursuant to an “established business relationship.” It is difficult to imagine how that exemption would apply to Letricia Hamlett, who was not a signatory to the loan, but in fairness there is at least one case that supports this odd interpretation of the law. See Santino v. NCO Fin. Sys., Inc., No. 09-CV-982, 2011 WL 754874, at *6 (W.D.N.Y. Feb. 24, 2011) (<HOLDING>); but see Watson v. NCO Group, Inc., 462 
 Holding statements: (A) holding  2254 applies to administrative proceedings (B) holding that the fourteenth amendment only applies to state action (C) holding exemption applies to nondebtor (D) holding that fourteenth amendment only applies to state action (E) holding that  1447c applies to counsel
[A]: (C)


[Q]: 951, 953 (5th Cir.1967) (distinguishing nexus between tenant and landlord from absence of nexus between tenants in same building); Thompson v. Butler, 214 Iowa 1123, 243 N.W. 164, 167 (1932) (noting service on servant may be valid due to relationship of confidence or personal interest); Plushner v. Mills, 429 A.2d 444, 446 (R.I.1981) (concluding service on defendant’s daughter was valid because she was trusted member of household and had substantial nexus with defendant). In addition, the duration of an individual’s presence, the frequency of the presence, or the intent to return may also establish nexus between the individual and defendant. See Sangmeister v. McElnea, 278 So.2d 675, 676-77 (Fla.Dist.Ct.App.1973) (stating one who resides or visits home o 42, 235 S.E.2d 672, 673 (1977) (<HOLDING>); Plushner, 429 A.2d at 446 (concluding 
 Holding statements: (A) holding tenday visitor not residing therein (B) holding babysitter was not residing therein (C) holding housekeeper did not reside therein (D) holding that a tenday visitor was not residing therein (E) holding fourmonth visitor was residing therein
[A]:
(B)