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.

Q: “reasonable collection and legal costs” to DLL in the event of a breach by Dr. Rozentsvit. DLL claimed it had incurred $6,898.00 in counsel fees in pursuing its breach of contract and collection action against Dr. Rozent-svit. DLL also attached an affidavit from counsel and the appropriate billing records to support its claim. In conclusion, DLL requested the court to assess costs in the amount of $6,898.00 to Dr. Rozentsvit. ¶23 In substance, DLL’s “petition to assess collection and legal costs” was intended to perform the same function as a motion pursuant to Rule 227.1. Had DLL simply labeled its petition as a “motion for post-trial relief,” Dr. Rozentsvit could not dispute its validity. See Gemini Equipment Co. v. Pennsy Supply Inc., 407 Pa.Super. 404, 595 A.2d 1211, 1214 (1991) (<HOLDING>). Moreover, DLL timely filed its petition on 
 Holding statements: (A) holding reasonable an agency determination that a request for an investigative file did not include the employment file (B) holding that even where postconviction petitioner reserved the option to file an amended petition in his opening petition simply filing an amended petition is insufficient to request leave to file an amended petition a motion for leave to file an amended petition was required before it was necessary for the district judge to consider the amended petition (C) holding that argument was not preserved where defendant did not file a pretrial motion to suppress and did not object or make a motion to exclude the evidence until his motion to dismiss at the close of all of the evidence (D) holding defendants argument the court erroneously denied his motion to suppress was reviewable as a constitutional issue even though defendant failed to raise the issue in a written posttrial motion (E) holding defendant did not waive issues by failing to file posttrial motions where defendant did file petition for reconsideration which was intended to function as posttrial motion

A: (E)
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Q: v. State, 175 Ga. App. 234, 238-39 (4) (333 SE2d 103) (1985) (reversing conviction when there was no evidence that firearm found near defendant was on defendant’s person during commission of the crime). 32 Carswell, 251 Ga. App. at 735 (1) (b) (emphasi at jury could “consider the evidence concerning the small size and crowded conditions within the residence and infer that it was inevitable” that defendant passed even momentarily within arm’s reach of a firearm hidden under a couch that was positioned behind a coffee table containing cocaine). 36 Copeland v. State, 228 Ga. App. 734, 736 (1) (492 SE2d 723) (1997), declined to follow on other grounds, Weems v. State, 269 Ga. 577, 579 (2) & n.2 (501 SE2d 806) (1998). Cf. Ferguson v. State, 307 Ga. App. 232, 233 (1) (704 SE2d 470) (2010) (<HOLDING>). 37 See Martinez v. State, 303 Ga. App. 166, 
 Holding statements: (A) holding that evidence in an inadmissible form may be considered at the summary judgment stage as long as the evidence is submitted in an admissible form at trial (B) holding inter alia that a jury may consider a defendants appearance at trial in conjunction with the evidence submitted at trial in order to resolve conflicts in the testimony presented (C) holding that the trial court properly added a party defendant to conform to the evidence presented at the trial (D) holding that the sixth amendments guarantee of a trial by jury requires the jury to base its verdict only on the evidence presented at trial (E) holding that the sixth amendments guarantee of a trial by jury requiresthe jury to base its verdict only on the evidence presented at trial

A: (B)
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Q: was more important than his prosecution, considering the context, we can find no error, let alone plain error. That statement related to the evidence of record which showed that Bond’s testimony was gained by virtue of an agreement and that the Government’s star witness had his own credibility problems. Indeed the making of such “judgments” - routine exercises of prosecutorial discretion - commonly form the basis of defense attacks upon the prosecution when an uncharged accomplice cooperates by providing testimony. Since it was obvious to the jury that the Govern ment had charged Brennan, and since they learned from the testimony that the Government had not charged Bond, the prosecutor’s remark conveyed to the jurors no more than they already knew. See Saada, 212 F.3d at 225 (<HOLDING>); Milan, 304 F.3d at 289-90 (holding that it 
 Holding statements: (A) holding that prosecutors reference to code of silence among witnesses to shooting not plain error where argument finds support in record (B) holding that prosecutors reference to cooperation agreements with government witnesses was not plain error (C) holding prosecutors reference to defendant being only witness in courtroom during testimony as tailoring opportunity not plain error (D) holding that state prosecutors agreements with defendant not binding on federal prosecutors (E) holding that prosecutors reference to the fact that not one white witness has produced contradictory evidence was plain error

A:
(B)
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