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.

Input: Consider Input: the State argued that Wright and Jackson were the two shooters at the trials of Wright, Oglesby, and Jackson. The State denies that it presented mutually exclusive, false, or misleading evidence. It contends that the evidence permits two factual scenarios: the shooters were either Jackson and Wright or Jackson and defendant. This is not a case where the prosecutor destroyed the credibility of one witness to convict one defendant and then used that same witness to convict a co-defendant for the same crime. See, e.g., Drake v. Kemp, 762 F.2d 1449 (11th Cir.1985), cert. denied, 478 U.S. 1020, 106 S.Ct. 3333, 92 L.Ed.2d 738 (1986). Nor is this a case where the prosecutor improperly argued facts that were unsupported by the evidence. Nichols v. Collins, 802 F.Supp. 66, 75 (S.D.Tex.1992) (<HOLDING>), habeas corpus denied, sub nom, Nichols v. 
 Holding statements: (A) holding that the defendant may not state one ground at trial and another on appeal (B) holding that where trial court is trier of fact and has made an affirmative deadly weapon finding it retains discretion to enter finding in judgment (C) holding that although trial courts oral opinion may be used as a reference in the interpretation of its written findings of fact it is not a finding of fact (D) holding to preserve an issue for appellate review the issue must have been raised to and ruled upon by trial court and a party may not argue one ground for objection at trial and another ground on appeal (E) holding in case in which defendant challenged his murder conviction and death sentence on ground that states conflicting theories in the trial of his accomplice constituted a denial of due process that state may be constitutionally estopped from obtaining a fact finding in one trial and seeking and obtaining an inconsistent fact finding in another trial

Output: holding that the defendant may not state one ground at trial and another on appeal


Input: Consider Input: the effect that the code-fendant’s confession must be disregarded in determining the defendant’s guilt or innocence is ineffective and cannot overcome the prejudicial effect of the incriminating statement on the jury. Id. at 124, 88 S.Ct. 1620. As such, the trial court’s curative instruction in the instant case was insufficient to cure the erroneous admission of Hertz’s statement to Hathcock. Nonetheless, this Court has also recognized that a Bruton violation does not automatically require reversal of an otherwise valid conviction but, rather, is subject to a harmless error analysis. See Farina v. State, 679 So.2d 1151, 1155 (Fla.1996) (citing Harrington v. California, 395 U.S. 250, 254, 89 S.Ct. 1726, 23 L.Ed.2d 284, (1969)); see also Franqui v. State, 699 So.2d 1312, 1322 (Fla.1997) (<HOLDING>); Smith v. State, 699 So.2d 629, 644-45 
 Holding statements: (A) holding that confrontation clause violation was not harmless beyond a reasonable doubt in part because it concerned the limitation of crossexamination of the prosecutions key witness (B) holding that the sixth amendment confrontation clause violation in that case was harmless beyond a reasonable doubt and therefore did not require the conviction to be overturned (C) holding that a confrontation clause violation constituted harmless error (D) holding confrontation clause violation was harmless beyond a reasonable doubt and thus upholding firstdegree murder conviction (E) holding that testimony at trial in violation of defendants constitutional confrontation right was harmless beyond a reasonable doubt because the testimony was cumulative

Output: holding that confrontation clause violation was not harmless beyond a reasonable doubt in part because it concerned the limitation of crossexamination of the prosecutions key witness


Input: Consider Input: Therefore, General Cigar may not rely on the interviews to show conduct supporting its acquiescence and estoppel claims. ■ Finally, silence may constitute cause for equitable estoppel if a duty to speak exists. Kosakow v. New Rochelle Radiology Assoc., 274 F.3d 706, 725-26 (2d Cir.2001). A duty to speak may arise if the party’s silence will mislead the infringer into believing that an infringement claim will not be asserted. General Elec. Capital Corp. v. Eva Armadora, S.A., 37 F.3d 41, 45 (2d Cir.1994) (“Silence in the face of an explicit contrary assumption by an innocent party may constitute a concealment of facts or a false representation for estoppel purposes.”); Forest Laboratories Inc. v. Abbott Laboratories, 96 Civ. 159-A, 1999 WL 33299123, at * 22 (W.D.N.Y. June 23, 1999) (<HOLDING>). Cubatabaco’s silence lasted from January 1994 
 Holding statements: (A) holding that a city was equitably estopped from denying the accuracy of blueprints and specifications given to a party who had been contracted to build a sewer for the city (B) holding party was estopped by silence (C) holding that licensee was not estopped from challenging the validity of a trademark (D) holding that when a contract is signed by one party but not the other the manifestation of consent by the nonsigning party is sufficient to bind that party (E) holding that a party was not judicially estopped from departing from a claim construction theory unsuccessfully advocated before the trial court


Output: holding that a city was equitably estopped from denying the accuracy of blueprints and specifications given to a party who had been contracted to build a sewer for the city