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.
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Question: and seeking to dismiss the four new claims asserted against them in the amended complaint. Also on January 8, 2010, Wells Fargo filed a supplemental motion to dismiss [26], addressing the new claims against it and renewing its request that all counts be dismissed. II. Discussion The Court must determine whether: (1) Giscombe eliminated the deficiencies of his previous shotgun pleading, and (2) if so, whether the complaint should be dismissed for the other reasons asserted by ABN, Citimortgage, and Wells Fargo in their motions to dismiss. A. Legal Standard The sufficiency of Giscombe’s amended complaint depends on whether it is a shotgun pleading; if so, it will fall short of the pleading requirements of Fed.R.Civ.P. 8. Magluta v. Samples, 256 F.3d 1282, 1284-85 (11th Cir.2001) (<HOLDING>). The defining characteristic of a shotgun 
 Holding statements: (A) recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure (B) holding that under leatherman a federal court may not apply a pleading requirement more stringent than that provided for in the federal rules of civil procedure even in  1983 litigation (C) holding that discovery under the federal rules of civil procedure is broad in scope and freely permitted (D) holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim (E) holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure

Answer: (E)


Question: arrest for a misdemeanor is permitted only when one of the statutory exceptions is met. See Tenn.Code Ann. § 55-10-207© (2008). 5 . "According to one study, approximately 30% of police shootings occurred when a 0 (8th Cir. 2008) (finding that the duration of the stop was unreasonably extended where the officer admitted that, for thirteen minutes of the sixteen minute stop, he asked the defendant questions that were unrelated to the traffic violation); Loper v. State, 8 A.3d 1169, 1172— 73 (Del.2010) (concluding that the stop, during which the officer asked the defendant for identification and ran a background check, “did not exceed the permissible scope of a routine traffic stop”); Bucalo v. Commonwealth, No. 2010-CA-000176-MR, 2012 WL 246245, at *5-7 (Ky.Ct.App. Jan. 27, 2012) (<HOLDING>); State v. Mason, 173 Md.App. 414, 919 A.2d 
 Holding statements: (A) holding that a traffic stop which lasted 105 minutes from the time of the initial stop until the defendant was arrested on drugrelated charges was unreasonable because the officers lacked reasonable suspicion to prolong the stop for purposes of conducting a drug dog sniff because there was insufficient evidence that the defendant was engaged in drugrelated activity (B) holding circumstances supporting reasonable suspicion to make a stop included that the defendant was on a comer on which recent multiple drugrelated arrests had been made (C) holding that reasonable suspicion is required to prolong a traffic stop after the purpose for which the investigatory stop was instituted has been accomplished (D) holding that an officer does not need reasonable articulable suspicion of drugrelated criminal activity prior to subjecting defendants car to a dog sniff subsequent to a lawful traffic stop (E) holding duration of stop was reasonable as it lasted under thirty minutes

Answer: (A)


Question: 2052. B. Prejudice The prejudice prong requires Mr. Mooneyham to demonstrate a “reasonable probability that, but for the counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Hill, 474 U.S. at 59, 106 S.Ct. 366. A “‘reasonable probability is a probability sufficient to undermine confidence in the outcome. That requires a ‘substantial,’ not just ‘conceivable,’ likelihood of a different result.’ ” Heard v. Addison, 728 F.3d 1170, 1176 (10th Cir.2013) (quoting Cullen v. Pinholster, — U.S.-, 131 S.Ct. 1388, 1403, 179 L.Ed.2d 557 (2011)). Mr. Mooneyham asserted in the district court that he would have rejected the plea offer “but for counsel’s error.” R. vol. 1, at 267. This assertion is inadequate under the circumstances. See Heard, 728 F.3d at 1184 (<HOLDING>) (quoting Miller v. Champion, 262 F.3d 1066, 
 Holding statements: (A) holding that to satisfy the prejudice prong a petitioner must establish that but for counsels errors there is a reasonable probabil ity the result of the proceeding would have been different (B) holding in the context of a plea that the strickland prejudice prong requires a defendant to demonstrate a reasonable probability that but for counsels errors he would not have pleaded guilty and would have insisted on going to trial (C) holding that a  mere allegation that the petitioner would have insisted on trial but for his counsels errors  is ultimately insufficient to justify relief (D) holding that the defendant could not prove prejudice from alleged ineffective assistance because he has never claimed that but for counsels errors he would have pleaded not guilty and insisted upon going to trial (E) holding that to show prejudice in a claim of ineffective assistance of appellate counsel the petitioner must show a reasonable probability that but for counsels errors the result of the proceeding would have been different

Answer:
(C)