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.

Q: susceptible to many meanings. Although there is no direct statement that Mooney failed to perform his duties with regard to assisting his clients with their investments, this is the clear import of the specific language used. “Only knew” clearly implies that Mooney knew nothing about anything else. What was implied in that statement is made express in the next — “didn’t know anything about investments.” “Hated helping clients” also unambiguously indicates that Mooney was not interested in executing his duties to his clients. These statements embody a “pejorative implication” that a reasonable listener would perceive “as an assertion that the [plaintiff] failed to perform his duties as an advisor.” Mehta v. Ohio Univ., 958 N.E.2d 598, 609 (Ohio Ct.App.2011); see Scott, 496 N.E.2d at 707 (<HOLDING>). The statement “invested her in all of the 
 Holding statements: (A) holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement (B) holding that where the appellant remained at the scene rendered aid and gave his name to the police the evidence was insufficient to convict him under section 3742 even though the appellant initially lied about his involvement in the accident (C) holding no error in rejecting the appellants proffered instruction even though that statement was based on language from case law when the amci instruction was a proper statement of the law (D) holding that though there was no express statement that the appellant had committed perjury the clear impact of the specific language in nine sentences was that the appellant lied while under oath which weighed in favor of an actionable statement (E) holding that hearing officer had no obligation under 38 cfr  3103c2 to advise appellant as to physicians statement because that statement would not have helped prove the claim  that is that statement would not have provided a nexus with the veterans service

A: holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement
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Q: by [the motorist].” Freitas II, 108 Hawai'i at 44, 116 P.3d at 686 (citing Desmond, 91 Hawai'i at 219, 982 P.2d at 353) (brackets in original). In Desmond, the ICA noted that “it is advisable that, at the commencement of the administrative hearing, the Hearing Officer inform the parties what procedure he or she will follow.” 91 Hawai'i at 219, 982 P.2d at 353 (emphasis added). In rejecting Freitas’s argument, this court observed that “procedural due process requires that a person have an ‘opportunity to be heard at a meaningful time and in a meaningful manner.’ ” 108 Hawai'i at 44, 116 P.3d at 686 (quoting Farmer v. Admin. Dir. of the Courts, 94 Hawai'i 232, 238, 11 P.3d 457, 463 (2000)); cf. Padilla-Agustin v. Immigration & Naturalization Serv., 21 F.3d 970, 974 (9th Cir.1994) (<HOLDING>). Since the hearing officer had advised Freitas 
 Holding statements: (A) holding that due process requires not only notice but sufficient information to allow petitioner to prepare and present objection to the agencys preliminary action or decision (B) holding that notice to the attorney of record constitutes notice to the petitioner (C) holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel (D) holding that due process requires a hearing appropriate to the nature of the case (E) holding that due process requires that notice be reasonably calculated under all circumstances to provide parties with notice of the pending action

A: holding that notice to the attorney of record constitutes notice to the petitioner
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Q: a recent unpublished decision, United States v. Seals, this court held that Johnson was properly applied retroactively to the defendant’s original conviction, which occurred in 1992. The court stated that “[i]f a judicial construction of a criminal statute is unexpected and indefensible by reference to the law which had been expressed prior to the conduct in issue, it must not be given retroactive effect.” Because a circuit-split existed prior to Johnson and at the time of the defendant’s original conviction and sentencing, the court concluded that Johnson’s construc t. 906, 157 L.Ed.2d 867 (2004) (distinguishing between rules that are jurisdictional and rules that are merely inflexible claim-processing rules); see also United States v. Leijano-Cruz, 473 F.3d 571, 573-74 (5th Cir.2006) (<HOLDING>). 4 . - U.S. -, 127 S.Ct. 2360, 168 L.Ed.2d 96 
 Holding statements: (A) recognizing that issue exhaustion is a mandatory although not jurisdictional requirement (B) recognizing the two lines of child custody cases but declining to resolve conflict (C) recognizing authority but declining to issue writ (D) holding that kontrick and eberhart require the conclusion that rule 59e is a claimprocessing rule (E) recognizing that eberhart and kontrick suggest that rule 4b is not jurisdictional but declining to resolve the issue

A:
recognizing that issue exhaustion is a mandatory although not jurisdictional requirement
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