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: 664, 669 (Colo.1988), the exercise of such power must be guided so that any action taken by a city "in response to a land use proposal will be rational and consistent." Beaver Meadows v. Board of County Comm'rs, 709 P.2d 928, 936 (Colo.1985). The Colorado Springs Zoning Code specifically allows the City to take into account the effect on the neighborhood. See § 4-6-602(C)(1) ("Will the project design be harmonious with surrounding land uses and neighborhood?") In my view, this standard is insufficient to provide "all users and potential users of land with notice of the particular standards and requirements" imposed by the City for plan approval. Cherry Hills Resort Dev. Co. v. City of Cherry Hills Village, 790 P.2d 827, 832 (Colo.1990); see also Bauer, 182 Colo. at 327, 513 P.2d at 204 (<HOLDING>); Kosinski v. Lawlor, 177 Conn. 420, 418 A.2d 
 Holding statements: (A) holding that the llupa does not provide for judicial review of requests to change zoning or comprehensive zoning plans (B) holding that where a zoning board had no authority under state law to take certain actions with respect to a protected property interest a trier of fact could conclude that there was no rational basis for the towns zoning boards actions and that as a result the zoning board violated appellants rights to substantive due process (C) holding a zoning authority acts in an arbitrary and capricious manner when it denies a permit meeting the general zoning qualifications solely because of the type of building to be constructed (D) holding that in the limited circumstances when local zoning authorities actions prohibit personal wireless service the act preempts local zoning law (E) holding that a zoning commission was capable of being sued directly under section 1983 because zjoning commissions function legislatively when adopting zoning regulations and holding public hearings for the adjudication of individual petitions for zoning redress

Answer: (C)


Question: blood from 116 unrelated Korean individuals); Jeanne M. Hayes et al. & Maya Freund, “Arab Population Data on the PCR-Based loci: HLADQA1, LDLR, GYPA, HBGG, D758, Gc and D1S80,” 40 J. Forensic Sci. 888 (1995) (collecting ninety-four blood samples from unrelated Arabs); see also Pope, supra, 220 Ill.Dec. at 312, 672 N.E.2d at 1324 (finding that “[b]ecause the PCR polymarker systems are two allele or three allele, the FBI may rely on a smaller database. Thus, the PCR Caucasian database contains only 145 individuals”). Second, the trial court found that the underlying databases were reliable. In light of that finding, questions regarding the size of a database go to the weight of the evidence, not its admissibility. See People v. Adams, 195 Mich.App. 267, 489 N.W.2d 192, 198 (1992) (<HOLDING>), modified in part on other grounds, 441 Mich. 
 Holding statements: (A) holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility (B) holding that allegations of tampering went to the weight of the evidence rather than to its admissibility (C) holding statistical conclusions admissible and questions regarding the size of a tests database goes to the weight not admissibility of the evidence (D) holding that in face of expert testimony that database was valid questions concerning size of database and statistical conclusions drawn from it went to weight not admissibility of evidence (E) holding that questions regarding size of fbis population databases was matter of weight once principle that frequency calculations could be made from an adequate database was determined to be generally accepted

Answer: (D)


Question: doubt about whether Swanson had perpetrated the robbery or whether intimidation was proved. Id. at 1071, 1074. There, we applied Cronic because counsel’s concession concerned the only factual issues in dispute on the only count that was charged. Id. at 1074. The government had also failed to identify any strategy that could justify counsel’s betrayal of his client. Id. at 1075. Unlike Swanson, Thomas was tried on multiple counts, and counsel decided to focus on the charges on which Thomas had a chance. As we recognized in Sioanson, “in some cases a trial attorney may find it advantageous to his client’s interests to concede certain elements of an offense or his guilt of one of several charges.” Id. at 1075-76; see also Anderson v. Calderon, 232 F.3d 1053, 1087-90 (9th Cir.2000) (<HOLDING>), overruled on other grounds by Osband v. 
 Holding statements: (A) holding that conspiracy to commit murder is not lesserincluded offense of firstdegree murder (B) holding that where both firstdegree and felony murder were possible bases for a murder conviction a jury instruction that suggested the jury could rely on felony murder as the predicate offense for a conviction for conspiracy to commit murder was improper because under arizona law a conviction for conspiracy to commit firstdegree murder requires a specific intent to kill (C) holding that reversal of conviction for felony murder was required where jury failed to find the defendant guilty of the underlying felony as essential element of the felony murder offense (D) holding that swanson and cronics presumption of prejudice does not apply where trial counsel conceded that defendant murdered the victim but asked the jury to convict him of firstdegree murder rather than felony murder in order to avoid eligibility for the death penalty (E) holding that counsel was not deficient in seeking a conviction for first degree murder rather than felony murder in order to avoid exposing his client to the death penalty and concluding that counsel made a reasonable assessment that the jury would be very unlikely to let anderson off of the hook completely

Answer:
(D)