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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Majority Opinion in Ford, former Justice Newman authored a concurring opinion, which Justice Saylor joined, in which she specifically expressed her agreement “that appellate counsel acted ineffectively by neglecting to raise trial counsel's ineffectiveness for failing to investigate and present evidence during the penalty phase of Appellant’s history of abuse and mental illness.” Ford, 809 A.2d at 336 (Newman, J., joined by Saylor, J., concurring). 5 . Although Teague's retroactivity analysis did not gamer five votes, a majority of the High Court soon thereafter reaffirmed the Teague plurality's rule and its two exceptions in Penry v. Lynaugh, 492 U.S. 302, 313, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989). 6 . Compare with Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (<HOLDING>); Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 
 Holding statements: (A) holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty (B) holding that mentally retarded capital murderers are constitutionally ineligible for death penalty (C) holding that juveniles are constitutionally ineligible for death penalty (D) holding that defendant may be subject to death penalty on resentencing (E) holding that the death penalty is unconstitutional as applied to juvenile defendants
holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty

citizens of Alabama for purposes of the diversity jurisdiction analysis. This narrow and specialized statute provides in pertinent part: In any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen. Andalusia and Hughes, who are insureds but not parties defendant, contend that a realignment of Lane will make the case into a direct action by Lane against the insurers, and because it is one in which the insureds are not joined as parties defendant, diversity would be destroyed by § 1332(a)(1). This contentio d.2d 73 (1974). But where the s 13 F.Supp. 367, 371 (D.Conn.1970) (<HOLDING>), rev’d on other grounds, 456 F.2d 282 (2d 
 Holding statements: (A) holding action by insured against his own insurer under uninsured motorist provisions of policy not a direct action within section 1332c proviso (B) holding that insured cannot bring an action against its insurer for bad faith failure to settle a claim in the absence of an excess verdict (C) holding action by judgment creditor of insured against insurer for bad faith failure to settle claim against insured not a direct action within section 1332c proviso (D) holding that insured may recover attorneys fees from insurer where insurer acts in bad faith (E) holding that a negligence claim against an insured and a bad faith claim against the insurer are not separate as the first must be proved to prevail on the second
holding action by insured against his own insurer under uninsured motorist provisions of policy not a direct action within section 1332c proviso

L.Ed.2d 387 (1978)). 3 . Because the search was without a warrant, the government bears the burden of demonstrating that the search was lawful. See United States v. Johnson, 936 F.2d 1082, 1084 (9th Cir.1991) (per curiam). Thus, if the government were relying on some notion of plain sight, it would be required to produce evidence that the gym bag was open. It did not do so. Nor could it satisfy its burden premised on Smith’s consent, since, as we explain below, that consent could not extend to the bag. Moreover, even if the bag had been open, the fact that it was stored under the bed, thus requiring the police to move it, would have required probable cause, since such movement would constitute a search. See Arizona v. Hicks, 480 U.S. 321, 324-25, 107 S.Ct. 1149, 94 L.Ed.2d 347 (1987) (<HOLDING>). The fact that the condition of the bag was 
 Holding statements: (A) holding that an officers movement of stereo components to examine their serial numbers was a search within the meaning of the fourth amendment (B) holding canine sniff of an unattended vehicle parked outside the curtilage of defendants home was not a search within the meaning of the fourth amendment (C) holding a canine sniff on a legitimately detained automobile is not a search within the meaning of the fourth amendment (D) holding an officers movement of stereo equipment to view a serial number constituted a search under the fourth amendment (E) holding that the warrantless search of knights supported by reasonable suspicion and authorized by a condition of probation was reasonable within the meaning of the fourth amendment

holding canine sniff of an unattended vehicle parked outside the curtilage of defendants home was not a search within the meaning of the fourth amendment