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.
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Question: (9th Cir.1954) (concluding that expert opinions did not support jury verdict, in part because "[o]pinion evidence is only as good as the facts upon which it is based” and record did not support opinions). Here, for the reasons stated, the record demonstrates that the officers' percep tion of an immediate threat — whether correct or not — was clearly reasonable and therefore that their initial use of deadly force was justified. 9 . The situation Appellants faced here — having to determine in a split-second whether a suspect is using his vehicle as a weapon — is analogous to the scenario of an officer forced to make a split-second decision as to whether to use deadly force against a suspect who he believes has a firearm. See, e.g., McLenagan v. Karnes, 27 F.3d 1002, 1007 (4th Cir. 1994) (<HOLDING>); Slattery v. Rizzo, 939 F.2d 213, 215-17 (4th 
 Holding statements: (A) holding that use of deadly force was justified when suspect in vehicle repeatedly refused orders to raise his hands and the officer perceived that he was holding something (B) holding officer may search vehicle for weapons if officer has reasonable belief based on articulable facts that officer or another may be in danger (C) holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon (D) holding that use of deadly force was justified against a suspect when officer forced to make a splitsecond decision relied on his reasonable belief that another officer had seen a gun in the suspects hands even though the suspects hands were handcuffed in front of him and the defendant officer never saw a weapon (E) holding that suspect was not in custody when officer handcuffed him for officer safety while transporting him to police station

Answer: holding that use of deadly force was justified when suspect in vehicle repeatedly refused orders to raise his hands and the officer perceived that he was holding something


Question: advertising regarding the digestive benefits of “Align,” a daily food supplement. Plaintiff alleged that although Procter & Gamble promoted the “clinically proven” digestive benefits of “Align,” in fact, there was no clinical data showing that Align improved digestion. The Rikos court held that the plaintiff had alleged “injury in fact” in the form of economic injury: “Plaintiff purchased Align in reliance on P & G’s claims that the product provides defined health benefits, when these advertisements were allegedly false and deceptive.... Accordingly, Plaintiff maintains that [his] purchase of the product is the economic harm, because it was not provided as advertised.” Id. at 530, at *5. See also In re Celexa and Lexapro Mktg. and Sales Practices Litig., 751 F.Supp.2d 277 (D.Mass.2010) (<HOLDING>). Defendants’ reliance on “no-injury” products 
 Holding statements: (A) holding that the plaintiff sufficiently alleged injuryinfact where he alleged that the product an antidepression drug was unsatisfactory because it was inappropriate and not efficacious for his son (B) holding that the plaintiff had sufficiently alleged injuryinfact based on impact to sites that the plaintiff had visited in the past and planned to revisit each year in the future (C) holding that police chiefs son who alleged that he was denied an interview for a position because his father had criticized the local officials did not have standing to assert the first amendment rights of his father (D) holding that evidence of prior drug sales was sufficiently similar to the crimes charged  to be probative of the fact that the defendant was not merely an innocent driver who was involved in the drug transaction by accident (E) holding that the plaintiff alleged sufficient facts in his complaint to state a claim for wrongful discharge where he alleged he was discharged due to his political affiliation and activities

Answer: holding that the plaintiff had sufficiently alleged injuryinfact based on impact to sites that the plaintiff had visited in the past and planned to revisit each year in the future


Question: means through which the ... rights of the person on trial are secured.” United States v. Cronic, 466 U.S. 648, 653, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984). To establish a claim of denial of the right to counsel, a defendant “need only show that counsel was absent during a critical stage of the proceedings in order to establish the constitutional violation.” Green v. Arn, 809 F.2d 1257, 1263 (6th Cir.1987), cert. granted and judgment vacated on other grounds, 484 U.S. 806, 108 S.Ct. 52, 98 L.Ed.2d 17 (1987). Trial, sentencing, and direct appeal are all critical stages at which a defendant is entitled to counsel. See Smith v. State, 590 So.2d 1078, 1078 (Fla. 2d DCA 1991) (treating right to counsel at sentencing as a critical stage); Ford v. State, 575 So.2d 1335, 1337 (Fla. 1st DCA 1991) (<HOLDING>) (citing Douglas v. California, 372 U.S. 353, 
 Holding statements: (A) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (B) holding that there is no right to counsel beyond the initial direct appeal and thus no right to counsel on discretionary review (C) recognizing the right to counsel on appeal (D) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (E) recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel

Answer:
holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal