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.

Q: proceeding”). Here, the only evidence that th .Crim.App.2000) (stating, in motion to suppress context, “[T]he judge may believe or disbelieve all or any part of a witness’s testimony, even if that testimony is not controverted”). Appellant’s and Sanchez’s after-the-fact, out-of-court averrals about appellant’s ability to understand the proceedings and waivers he signed were untimely factual statements in appellant’s self-interest. Even though the State did not offer affidavits to controvert appellant’s and Sanchez’s affidavits, it was within the trial court’s discretion to disbelieve the assertions contained in those affidavits that appellant does not read or speak English. See Charles, 146 S.W.3d at 210; Shanklin, 190 S.W.3d at 167; see also Phuong Anh Thi Le, 300 S.W.3d at 327 (<HOLDING>). The trial court, and not this Court, is in 
 Holding statements: (A) holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record (B) holding that in reviewing trial courts ruling on habeas corpus petition reviewing court must defer to all of trial courts implied factual findings supported by record (C) recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous (D) holding that as long as the findings are supported by substantial evidence the board must defer to the hearing committees credibility determinations because they are subsidiary findings of basic facts (E) holding that appellate court must defer to all implied factual findings supported by record

A: holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record
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Q: theory, once the police ... [make] a show of authority designed to produce a stop, the Fourth Amendment is implicated. If, in response to unjustified police actions, the suspect thereafter abandons the property he or she is carrying, then the property abandoned, be it illegal drugs, stolen goods, or other evidence, normally cannot be used against the accused. Clancy, The Supreme Court’s Search for a Definition of a Seizure: What is a “Seizure” of a Person Within the Meaning of the Fourth Amendment? 27 AvlCRIm. L.Rev. 619, 648 (1990). It is undisputed that Johnson denied ownership of the gun when Silvers showed it to him. Tr. at 53, 71. He can thus be fairly said to have exhibited the requisite intent to abandon the gun. See United States v. Veatch, 674 F.2d 1217, 1221 (9th Cir.1981) (<HOLDING>); see also United States v. Canady, 615 F.2d 
 Holding statements: (A) holding due process is not violated when failure to receive notice is the result of attorneys decision to abandon law practice (B) holding that neither the language nor the legislative history of the fcpa indicates the congressional intent to create a private right of action (C) holding that a demal of ownership indicates intent to abandon (D) holding that shall generally indicates a mandatory intent unless a convincing argument to the contrary is made (E) holding use of word may generally indicates permissive rather than mandatory intent

A: holding due process is not violated when failure to receive notice is the result of attorneys decision to abandon law practice
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Q: and had played inside another partially constructed house a short time earlier. A jury could infer from this evidence that the partially completed house was attractive to the children. Where differing inferences can be drawn from undisputed facts, summary judgment is inappropriate. See American Motorists, 463 N.E.2d at 1146. The fourth element is whether the owner knows that children do or are likely to trespass upon his property and be injured or whether the facts alleged are such as to charge the owner with constructive knowledge. We have previously held that summary judgment is inappropriate where the question remains whether the defendant had actual or constructive knowledge of a dangerous condition. See Golba v. Kohl’s Dept. Store, Inc., 585 N.E.2d 14, 16 (Ind.Ct.App.1992) (<HOLDING>), reh’g denied, trans. denied. The Carrolls 
 Holding statements: (A) holding the defendant had actual knowledge of a dangerous condition a wet floor in the second floor hallway because snow and sleet regularly accumulated there in periods of inclement weather (B) holding that the plaintiff had failed to produce sufficient evidence to establish constructive notice because the plaintiff did not present any evidence to establish that the oil was on the floor for any length of time (C) holding plaintiff can prove foreseeability by showing the defendant had actual or constructive knowledge of the assailants violent nature (D) recognizing that duty to warn of dangerous conditions could be based on constructive knowledge of that condition as well as actual knowledge (E) holding that in the absence of undisputed evidence the issues of whether a store in a slipandfall case had actual or constructive knowledge of an item on the floor is a question reserved for the jury

A:
holding the defendant had actual knowledge of a dangerous condition a wet floor in the second floor hallway because snow and sleet regularly accumulated there in periods of inclement weather
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