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:
The State, by contrast, argues that because the court’s summary denial of Pinholster’s claim was an adjudication on the merits, we apply the usual deference required by AEDPA. Under our precedent, the California Supreme Court’s denial of Pinholster’s petition for writ of habeas corpus “on the substantive ground that it is without merit,” Pinholster II, 525 F.3d at 754, constitutes a decision on the merits of his federal claim. See Hunter v. Aispuro, 982 F.2d 344, 347-48 (9th Cir.1992) (noting that “the California Supreme Court’s denial of a habeas petition without comment or citation constituted a decision on the merits of the federal claims” (citing Harris v. Superior Court, 500 F.2d 1124, 1127-29 (9th Cir. 1974) (en banc))); Gaston v. Palmer, 417 F.3d 1030, 1038 (9th Cir.2005) (<HOLDING>). The Supreme Court has not addressed the 
 Holding statements: (A) recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted (B) holding that we must first determine our jurisdiction before proceeding to the merits of the appeal (C) holding that either the district court or the court of appeals must issue a certificate of appealability on both the merits and the procedural bar before we can consider the merits of a claim that the district court held to be procedurally barred (D) recognizing that we construe postcard denials such as these to be decisions on the merits citing hunter 982 f2d at 348 (E) recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court
answer:
(D)


question:
States v. Frechette, 583 F.3d 374, 379 (6th Cir. 2009) (concluding that “[ejvidence that an individual subscribed to child pornography web sites supports the conclusion that he has likely downloaded, kept, and otherwise possessed the material” (quotation omitted)); United States v. Gourde, 440 F.3d 1065, 1070-72 (9th Cir. 2006) (en banc) (concluding that payment and registration for a subscription to child pornography website supported a probable cause determination); United States v. Wagers, 452 F.3d 534, 540 (6th Cir. 2006) (noting that “evidence that a person has visited or subscribed to websites containing child pornography supports the conclusion that he has likely downloaded, kept, and otherwise possessed the material”); United States v. Martin, 426 F.3d 68, 74-76 (2d Cir. 2005) (<HOLDING>); United States v. Bershchansky, 958 F. Supp. 
 Holding statements: (A) holding that an affidavit did not provide probable cause sufficient to validate a warrant where the affidavit stated an incorrect date uncontradicted by any other specific fact in the affidavit (B) holding that probable cause existed to search the defendants residence because the warrant affidavit established probable cause that the defendant possessed stolen firearms and because people generally keep firearms at home or on their persons (C) holding affidavit insufficient to support probable cause when one cannot learn from the affidavit when the past activities occurred and when the observations were made (D) holding that officers possession of affidavit at searched premises without leaving a copy with the occupant was insufficient to allow for consideration of the affidavit in evaluating the constitutionality of the warrant (E) holding that affidavit supported probable cause determination when the affidavit stated only that an occupant of defendants home subscribed to child pornography egroup
answer:
(E)


question:
doctrine is extended to instances in which “the possessor knows that children too young to appreciate such dangers are likely to trespass on his land.” The dissent cites a number of cases from foreign jurisdictions to the effect that water is an obvious danger to all children. These cases are not consistent with our own precedent, which has rejected blanket rules. Further, other courts across the country have reached the opposite conclusion. See, e.g., King v. Lennen, 53 Cal.2d 340, 1 Cal.Rptr. 665, 348 P.2d 98, 99-100 (1959) (emphasizing that “the circumstance that a condition giving rise to injury is common in character does not necessarily exclude liability, that the ability to appreciate danger varies with the age and mental capacity of the c 2d 43, 914 P.2d 728, 729 (1996) (<HOLDING>). We decline to adopt a categorical rule that 
 Holding statements: (A) holding that a store owner has a duty to protect invitees from foreseeable criminal acts (B) holding in a ease involving a child less than 3 years old that a landowner is not exempt from the duty to exercise reasonable care to protect invitees against potentially dangerous conditions on the land solely because the potential danger includes risks which are inherent in a natural body of water (C) holding that a residential landlord has no duty to protect invitees from foreseeable criminal acts (D) holding landowner had duty to provide security in parking lot to protect its invitees from criminal acts of third parties (E) holding a business owes a duty to protect invitees from reasonably foreseeable harm by third persons
answer:

(B)