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.

Input: Consider Input: of the property. See C.R.E. 602; C.R.E. 701. However, there is no evidence in the record which establishes that Pomeranz ever paid a bill relating to the maintenance of the property or that he was personally responsible for any aspect of the maintenance because McDonald’s had been responsible for the payments for the past fifteen years. Because no adequate evidentiary foundation was laid for Pomeranz’s estimation of maintenance expenses on the property, it is impossible, absent pure speculation, to ascertain from the record how Pomeranz obtained the $4,800 estimation. The trial court's factual findings relating to future maintenance expenses are not sustained by either competent or adequate evidence and are therefore clearly erroneous. See Anderson, 170 Colo. at 13, 458 P.2d at 758 (<HOLDING>). The evidence presented by the petitioners on 
 Holding statements: (A) holding because defendant does not argue in his brief that these findings of fact are not supported by    evidence in the record this court is bound by the trial courts findings of fact (B) holding that a reviewing court will only presume that the trial court made implicit factual findings when such findings were necessary to its ultimate conclusion (C) holding that findings of fact are conclusive if supported by clear and convincing competent evidence even where the evidence might support contrary findings (D) holding that a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence (E) holding that where the original drug quantity determination is not specific enough for the district court to determine whether it has the authority to reduce a defendants sentence under  3582c2 that court may make new findings of fact that are supported by the record and are not inconsistent with the findings made in the original sentencing proceedings

Output: (D)


Input: Consider Input: the peremptory strike. Purkett v. Elem, 514 U.S. 765, 768, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995). In this case, we cannot say that the Florida state court’s judgment was contrary to, or an unreasonable application of clearly established federal law, specifically the Supreme Court’s holding in Bat-son. As for the State’s strike of the first black prospective juror, the interaction between the parties and the state court (where, upon being challenged, the State revealed that it wished to strike this juror because two prosecutors had seen her sleeping during the jury selection process, and the trial court then moved onto the next juror) was adequate under Batson, so trial counsel was not ineffective in that respect. See Hightower v. Terry, 459 F.3d 1067, 1072 n. 9 (11th Cir.2006) (<HOLDING>). Moreover, even assuming that Sneed’s counsel 
 Holding statements: (A) recognizing this purpose albeit implicitly (B) recognizing that a trial judge can implicitly find a prosecutors proffered reasons credible (C) holding that the trial judge cannot simply rjubber stamp  a prosecutors nonracial explanation no matter how whimsical or fanciful  but in order to permit a questioned peremptory challenge  must conclude that the proffered reasons are first neutral and reasonable and second not a pretext (D) holding that findings by the trial judge are considered binding on appeal when supported by adequate substantial and credible evidence (E) holding that state prosecutors agreements with defendant not binding on federal prosecutors

Output: (B)


Input: Consider Input: Emmert Industrial Corp. v. Douglass, 130 Or App 267, 269, 881 P2d 827, rev den 320 Or 325 (1994) (court’s first inquiry is whether order appealed from is appealable, even if neither party raises question). For the reasons that follow, we conclude that we have jurisdiction under section 16(a)(1)(A) of the FAA, which provides that “[a]n appeal may be taken from * * * an order * * * refusing a stay of any action under section 3 of this title.” When federal claims are brought in state courts, “state courts are bound to follow federal substantive law but are free to follow their own practices as to matters which are strictly procedural.” Geris v. Burlington Northern, Inc., 277 Or 381, 383, 561 P2d 174 (1977); see also Felder v. Casey, 487 US 131, 138, 108 S Ct 2302, 101 L Ed 2d 123 (1988) (<HOLDING>). State courts, however, may not follow state 
 Holding statements: (A) holding that the rules governing criminal cases apply to  3582c2 proceedings (B) recognizing that states may establish procedural rules governing litigation in their own courts (C) holding that the rules governing interpretation of a lease are the same as those governing interpretation of a contract (D) holding that states likewise retain immunity from private suit in their own courts which congress may not abrogate by article i legislation (E) recognizing strong preference that children live in their own homes with their own families


Output: (B)