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: advised the defendant of his Miranda rights and the defendant subsequently gave a statement. Id. 476. The court held that the detective’s statements at the jail cell did not constitute interrogation. Id. at 479-480. The court further determined that the defendant, by stating that he wanted to tell his side of the story, “ ‘initiated’ further conversation in the ordinary dictionary sense of that word.” Id. at 480. Similarly, in Bunch v Thompson, 949 F2d 1354, 1361 (CA 4, 1991), the court held that a defendant’s statement was not the product of “police-initiated interrogation” where it followed an inquiry that “amounted to nothing more than an effort to ascertain if Bunch had changed his mind about wanting an attorney.” See also McCall v State, 501 So 2d 496, 500 (Ala Crim App, 1986) (<HOLDING>); State v Acquin, 187 Conn 647, 669-670; 448 
 Holding statements: (A) holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime (B) holding that although interrogation may not continue after a suspect has requested counsel the police legitimately may inquire whether the suspect has changed his mind about speaking to them without an attorney (C) holding that fifth amendment protection against selfincrimination requires police to notify suspect of right to counsel and to cut off interrogation once suspect invokes the right absent counsel further interrogation may not occur unless suspect initiates subsequent conversation if police initiate subsequent interrogation there can be no valid waiver of counsel even though police advise suspect of his or her constitutional rights and suspect acquiesces in the interrogation (D) holding that prosecutors who soon after arrest of suspect allegedly directed police to coerce confession from suspect were not entitled to absolute immunity because interrogation is ordinarily a police activity (E) holding that once a suspect has requested counsel interrogators may not reinitiate questioning unless the attorney is present regardless of whether or not there has been an outside consultation

A: holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime
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Q: to foreclosure for mortgagors who are in default before initiating foreclosure proceedings pursuant to the National Housing Act, specifically 12 U.S.C. § 1701-x(c)(5) (effective July 30, 2008), and pursuant to regulations promulgated by the Department of Housing and Urban Development. The Walkers contend that they were never offered counseling services or any other loss-mitigation services before the foreclosure sale. Although the record does not contain evidence indicating that the Walkers were provided counseling or other loss-mitigation services before foreclosure, this court has determined that any alleged failure to comply with loss-mitigation procedures does not constitute a valid defense to an ejectment action following a nonjudicial foreclosure. See Coleman, 104 So.3d at 206 (<HOLDING>). Thus, the alleged failure to exhaust all 
 Holding statements: (A) holding that a department of defense report was inadmissible (B) holding that because the department of revenue is subordinate to the board of tax review in the decision making process the department is not an adversely affected or aggrieved party having standing to petition for judicial review of the boards order reversing a decision of the department (C) holding that a failure to comply with the foreclosure statutes invalidates a foreclosure sale (D) holding that in the absence of a statute or controlling authority from our supreme court to the contrary we conclude that the failure of a foreclosing entity to comply with department of housing and urban development or department of veterans affairs lossmitigation requirements may not be raised as a defense to an ejectment action following a nonjudicial foreclosure (E) holding nonparty department of mental health had standing to appeal commitment order regarding person found not guilty by reason of insanity because department had direct interest that was affected by commitment order and because employees of the department conceivably could be held in contempt of court for failing to comply with the order

A: holding that a department of defense report was inadmissible
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Q: on the holding in Provident Bank. First, the argument against a finding of fiduciary status was submitted in that case by a plaintiff who was seeking to overturn a finding that his state law claim could be removed to federal court. In other words, the posture of the party submitting the argument was not that of a bank or some other funds’ custodian, and it is plausible to think that the argument was not fully briefed to the appellate court from the perspective of a party in a position similar to that of National City herein. Second, other circuit courts which have considered the argument from the perspective of the funds custodian have ruled that a mere custodian of ERISA plan funds is not a fiduciary thereto. See Beddall v. State Street Bank & Trust Co., 137 F.3d 12, 20 (1st Cir.1998) (<HOLDING>); Arizona State Carpenters Pension Trust Fund 
 Holding statements: (A) holding greatwest bars a plan fiduciary seeking enforcement of a subrogation clause from settlement funds already received but does not bar a lien on specific funds yet to be received (B) holding that professionals who advised the plan were not fiduciaries because they had no decision making authority over the plan or plan assets also noting that the power to act for the plan is essential to status as a fiduciary (C) holding that a bank which does no more than hold plan funds and generate reports is not a fiduciary (D) holding a bank is a fiduciary under the disposition clause where it wrongfully disbursed the plans funds (E) holding no fiduciary breach where plaintiffs argued plan should only offer institutional funds

A:
holding greatwest bars a plan fiduciary seeking enforcement of a subrogation clause from settlement funds already received but does not bar a lien on specific funds yet to be received
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