TASK DEFINITION: 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.
PROBLEM: February 8, 2011 probation extension order failed to extend his probation period because the October 26, 2005 restitution order was improperly delegated to the probation officer, rather than determined by the circuit court as required by Code § 19.2-305.1(D), thus any subsequent order is invalid. In relevant part, Code § 19.2-305.1(D) states that “[a]t the time of sentencing, the court shall determine the amount to be repaid by the defendant and the terms and conditions thereof.” The amount of restitution to be paid by the defendant is within the sole province of the circuit court to determine and that determination may not be delegated to another department of government. See Code § 19.2-305.2; see also McCullough v. Commonwealth, 38 Va.App. 811, 815, 568 S.E.2d 449, 451 (2002) (<HOLDING>). In this case, the circuit court’s October 26, 
 Holding statements: (A) holding that the sentencing judge could consider the defendants subsequent arrest even though the charges were dismissed during sentencing (B) holding part of the sentencing phase of trial the restitution amount is determined following conviction and is a matter resting within the sole province of the sentencing judge (C) holding that the hearsay rule is not suspended in the sentencing phase (D) holding that when trial court orders restitution at sentencing pursuant to statute the defendant is entitled to notice of the amount claimed and the opportunity to dispute the amount (E) holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses

SOLUTION: (B)

PROBLEM: Parker, we vacate the sentence and remand for resen-tencing. Nearly a month before trial, Parker opted to waive his right to counsel and elected to represent himself. At that time, the trial court conducted a Faretta inquiry and allowed Parker to represent himself throughout the trial. However, when the jury returned with the guilty verdict, the trial court proceeded immediately to sentencing without renewing the offer of counsel. In doing so, the trial court erred. “Once a defendant waives the right to counsel in a criminal case, the court must renew the offer of counsel at each subsequent critical stage of the proceedings, one of which is sentencing.” Serrano v. State, 113 So.3d 895, 896 (Fla. 2d DCA 2012); see also Ingraham v. State, 32 So.3d 761, 768-69 (Fla. 2d DCA 2010) (<HOLDING>). Accordingly, we affirm the judgment, vacate 
 Holding statements: (A) holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage (B) holding postindictment lineup is critical stage of trial at which defendant is entitled to presence of counsel (C) holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel (D) recognizing that brooks protects against denial of counsel at a critical stage of his trial (E) holding that posttrial motion for new trial is critical stage requiring counsel or valid waiver

SOLUTION: (C)

PROBLEM: body of responsive documents. Rugiero also contends that bad faith in the section 2255 proceeding and his criminal trial obligated the district court to conduct an in camera review of the responsive documents. With respect to the section 2255 action, the parties argue whether the government has played a “shell game” by telling Rugiero there that he can obtain documents for the collateral challenge to his conviction in this FOIA action while saying here that he can receive material through discovery in the section 2255 proceeding. Regarding the criminal trial, the parties debate whether the failure to disclose LaRene’s then-impending indictment constituted bad faith. Relying on the line of cases originating in Holloway v. Arkansas, 435 U.S. 475, 98 S.Ct. 1173, 55 L.Ed.2d 426 (1978) (<HOLDING>), see also Riggs v. United States, 209 F.3d 
 Holding statements: (A) holding in context of sixth amendment ineffective assistance of counsel based on asserted failure of counsel to file appeal established prejudice per se for purpose of establishing habeas review jurisdiction as if proven such failure constitutes denial of a fundamental constitutional right (B) recognizing a constitutional claim for ineffective assistance of counsel (C) holding that a conflict of interest independent of a claim of ineffective assistance of counsel  constitute cause where the conflict caused the attorney to interfere with the petitioners right to pursue his  1 claim (D) holding that defendants claim for ineffective assistance of counsel due to a conflict of interest was not cognizable on direct appeal (E) holding that an attorneys conflict of interest gives rise to a claim of ineffective assistance of counsel under the sixth amendment and establishes prejudice per se

SOLUTION:
(E)