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 justifiable use of deadly force to specific circumstances, such as when the actor “reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.” Id. § 776.012(1). As discussed at length above, Lieutenant Weippert’s conduct was objectively reasonable and he had probable cause to believe that Mr. Penley posed a threat of great bodily harm to the lieutenant and others. Even when viewed in the light most favorable to the Penleys, the evidence reveals no genuine issues of material fact as to whether Lieutenant Weippert’s use of force was reasonably necessary. Under Florida law, Lieutenant Weippert had no duty to retreat and his use of force was justifiable. See State v. Rivera, 719 So.2d 335, 337-38 (Fla. 5th DCA 1998) (<HOLDING>); see also Davis v. Williams, 451 F.3d 759, 768 
 Holding statements: (A) holding that instruction on use of deadly force was required where complainant was armed with a coke bottle (B) holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded (C) holding that after being chased by a carfull of angry men it would have been reasonable for mr rivera a private citizen to believe that deadly force was necessary even if only a single unarmed pursuer had approached his nowstopped car because the pursuer and his friends had already threatened riveras life and the lives of other innocent people by engaging in a highspeed chase and throwing deadly missiles namely a bottle of soda and a can of tuna (D) holding that apprehension by the use of deadly force is a seizure (E) holding that instruction on use of deadly force was required where appellant was aware of the decedents violent history decedent had a gun in his car and appellant used force only after decedent had made an attempt to approach his car

Output: holding that instruction on use of deadly force was required where complainant was armed with a coke bottle


Input: Consider Input: If a statement does not contain any expressly exculpatory material, the Government need not produce that statement to the defense. To hold otherwise would impose an insuperable burden on the Government to determine what facially non-exculpatory evidence might possibly be favorable to the accused by inferential reasoning. We are confident that the Supreme Court did not intend the Brady holding to sweep so broadly. United States v. Comosona, 848 F.2d 1110, 1115 (10th Cir.1988); see also Harris v. Kuba, 486 F.3d 1010, 1016 (7th Cir.2007) {“Brady does not require that police officers or prosecutors explore multiple potential inferences to discern whether evidence that is not favorable to a defendant could become favorable.”); United States v. Marrero, 904 F.2d 251, 261 (5th Cir.1990) (<HOLDING>). The Court finds that just such inferential 
 Holding statements: (A) holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under  rule 38b (B) holding that there is no constitutional duty to do a better investigation and that a decision not to conduct a more thorough investigation does not invade an accuseds rights (C) holding that the burden is on the plaintiff (D) holding that the burden is upon the state under the applicable federal rules of evidence (E) holding that brady does not place any burden upon the government to conduct a defendants investigation or assist in the presentation of the defenses case

Output: holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under  rule 38b


Input: Consider Input: to a child. Similarly, the jury’s acquittal on the manslaughter charge has no bearing on the second prosecution for injury to a child. Manslaughter is not the same as injury to a child for the same reasons that criminally negligent homicide is not the same as injury to a child. Application of the Blockburger principles to the charge of capital murder leads us to a slightly different result. Capital murder does include an element not required to prove injury to a child, namely the death of the victim. Therefore, capital murder is not subsumed within the offense of injury to a child. Cf. Wright v. State, 866 S.W.2d 747, 750 (Tex. App.-Eastland 1993, pet. refd) (citing United States v. Webb, 796 F.2d 60 (5th Cir.1986), cert. denied, 479 U.S. 1038, 107 S.Ct. 894, 93 L.Ed.2d 846 (1987)) (<HOLDING>). The opposite is true also: injury to a child 
 Holding statements: (A) holding noncapital murder and injury to a child not same offenses for doublejeopardy purposes noting murder requires proof of death while injury to a child does not (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 an unborn child is a child for purposes of prosecuting chemical endangerment of a child (D) holding an unborn child is not a child for purposes of criminal prosecution of mistreatment of a child (E) holding a fetus is not a child person or individual for purposes of criminal prosecution under the reckless injury to a child statute


Output: 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