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: pre-trial release on April 12, 1985. Although this appeal has received expedited review, a decision has not yet been rendered by the Second Circuit. Thus a total of only fifty-six (56) non-excludable days have elapsed since Leon was arrested and detained (assuming that the filing of Elba Rodriguez’s omnibus motion stopped the clock as to all the co-defendants). DISCUSSION Leon’s first argument is based upon the interpretation of Section 3164(b) itself, which provides that, “[t]he periods of delay enumerated in Section 3161(h) are excluded in computing the time limitations specified in this section.” Leon argues that this sent C.Cir.1976) and United States v. Mejias, 417 F.Supp. 579 (S.D.N.Y.1976), aff'd. on other grounds, sub nom., United States v. Martinez, 538 F.2d 921 (2d Cir.1976) (<HOLDING>). According to the House Report accompanying 
 Holding statements: (A) holding generally that new rules of law should not be applied retroactively in habeas corpus cases (B) holding that a court examining if a law should be applied retroactively should consider whether the new provision attaches new legal consequences to events completed before its enactment (C) holding that the first amendment definition should be applied by analogy in the franks setting (D) holding that factor 10 should not be applied when the victim is the only one at risk (E) holding that the exclusions should be applied

SOLUTION: (E)

PROBLEM: the crime charged. If the evidence is cumulative, the trial court should more closely scrutinize its prejudicial effect. If the evidence is necessary to prove an element of the charge, the trial judge may have erred in not sustaining the defendant’s motion for a directed verdict of acquittal. Moreover, a defendant may have a valid objection, under federal rule 611(b), that the government’s cross-examination exceeds the scope of the direct. These added considerations are necessary not only to limit the impact of rule 404(b) on rule 608(b), but also to limit the prejudicial effect of allowing the government to have the last say through evidence of a defendant’s prior misconduct. Smith Grading & Paving, 760 F.2d at 581; see also United States v. Horton, 847 F.2d 313, 324-25 (6th Cir.1988) (<HOLDING>). The purpose of Rule 608(b) is to prevent 
 Holding statements: (A) holding that proponent of 404b evidence must identify a proper 404b purpose for admission  that is at issue in  the case (B) holding that evidence of threats or intimidation of a witness is admissible under rule 404b to show consciousness of guilt (C) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (D) holding that rule 404b evidence is admissible in rebuttal (E) holding that admission of rule 404b evidence was proper

SOLUTION: (D)

PROBLEM: Deveaux court held that “the time of issuance was a technical irregularity which did not affect defendant’s substantial rights.” Id. The court explained that the defendant’s constitutional rights were not violated or disturbed where, inter alia, the officer’s complaint for a search warrant was supported by an affidavit describing the place to be searched and the person and things to be seized, the defendant made no claim that the warrant lacked probable cause, and the officer executed the search after obtaining the warrant. Id. Finally, in Montana, which has a standalone constitutional provision recognizing the right to individual privacy, the misdating of a search warrant will not necessarily render the warrant invalid. See State v. Steffes, 269 Mont. 214, 887 P.2d 1196, 1210 (1994) (<HOLDING>). In sum, the clerical error in the instant 
 Holding statements: (A) holding that evidence obtained from a search made subsequent to an illegal stop was admissible when before the search the police officer discovered that there was an outstanding arrest warrant for the defendant and the defendant was thereupon arrested pursuant to that warrant (B) holding that where the search warrant was misdated june 19 1991 and was executed on june 18 1991 the misdating was merely technical and did not affect the substantial rights of the defendant (C) holding that if trial courts verdict was based on hearsay statements of victim admitted in violation of the confrontation clause the error clearly would not only affect substantial rights but would seriously affect the fairness and integrity of the proceedings (D) holding unconstitutional a search executed on a warrant that failed to list with particularity the items to be seized even where the supporting application contained such a list and the warrant was approved by a magistrate (E) holding that the failure to properly caption and verify a petition did not affect the substantial rights of the parties

SOLUTION:
(B)