instruction:
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.
question:
Parker, we vacate the sentence and remand for resen-tencing. Nearly a month before trial, Parker opted to waive his right to counsel and elected to represent himself. At that time, the trial court conducted a Faretta inquiry and allowed Parker to represent himself throughout the trial. However, when the jury returned with the guilty verdict, the trial court proceeded immediately to sentencing without renewing the offer of counsel. In doing so, the trial court erred. “Once a defendant waives the right to counsel in a criminal case, the court must renew the offer of counsel at each subsequent critical stage of the proceedings, one of which is sentencing.” Serrano v. State, 113 So.3d 895, 896 (Fla. 2d DCA 2012); see also Ingraham v. State, 32 So.3d 761, 768-69 (Fla. 2d DCA 2010) (<HOLDING>). Accordingly, we affirm the judgment, vacate 
 Holding statements: (A) holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage (B) holding postindictment lineup is critical stage of trial at which defendant is entitled to presence of counsel (C) holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel (D) recognizing that brooks protects against denial of counsel at a critical stage of his trial (E) holding that posttrial motion for new trial is critical stage requiring counsel or valid waiver
answer:
(C)


question:
limitations was equitably tolled fails because he did not raise this argument before the district court. See Hinton v. Pac. Enters., 5 F.3d 391, 395 (9th Cir.1993) (<HOLDING>). Grace’s remaining contentions lack merit. 
 Holding statements: (A) holding that the burden to allege facts sufficient to establish jurisdiction resides with plaintiff (B) holding that the plaintiff bears the burden when relying on the discovery rule (C) recognizing the validity of the doctrine but holding no equitable tolling on the facts presented (D) holding that plaintiff bears the burden to timely allege facts supporting equitable tolling (E) holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction
answer:
(D)


question:
standard. Fed. R. Crv. P. 9(b) (“In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity.”). Thus, Toombs extended the Rule 9(b) exception to cases with no fraud allegations. Importantly, Toombs provided no reason whatsoever for extending Rule 9(b), and the Court cannot determine that the Ninth Circuit even considered its holding’s impact on notice pleading. The Court must reject those cases which require plaintiffs to plead facts showing compliance with the statute of limitations in every suit brought pursuant to § 111. Rule 8(a) does not require plaintiffs to plead every element that they must ultimately prove simply because plaintiffs carry the burden of proof. Woodfield v. Bowman, 193 F.3d 354, 362 (5th Cir.1999) (<HOLDING>); Bennett v. Schmidt, 153 F.3d 516, 518 (7th 
 Holding statements: (A) holding that group pleading did not render complaint infirm where complaint provided fair notice of claims (B) holding that a pleading may give proper fair notice even where only the title of the theory is pled (C) holding the employees complaints must give adequate notice to the employer that the employee is complaining of conduct prohibited by title vii (D) holding that the application of the fair use doctrine at the pleading stage is appropriate (E) holding that courts look to substance of plea for relief to determine nature of pleading not merely title of pleading
answer:

(B)