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: motion at which Pritchett would be represented by counsel or at which the court would determine that Pritchett knowingly, intelligently, and voluntarily waived his right to counsel. Ex parte Pritchett, 117 So.3d at 362. In the instant case, the circuit court immediately appointed new counsel to represent Trimble after Trimble gave his oral notice of appeal. Despite having newly appointed counsel who could file a motion for a new trial attacking his trial counsel’s alleged deficiencies, Trimble elected to file a pro se motion for a new trial. Therefore, unlike the defendant in Pritchett, Trimble had the benefit of newly appointed appellate counsel who represented him and who could file a motion for a new trial on his behalf. See King v. State, 613 So.2d 888 (Ala.Crim.App.1993) 
 Holding statements: (A) holding that a valid waiver of counsel at an early stage of the proceeding does not continue in effect through a subsequent stage (B) holding that posttrial motion for new trial is critical stage requiring counsel or valid waiver (C) holding postindictment lineup is critical stage of trial at which defendant is entitled to presence of counsel (D) holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage (E) holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel

Output: holding that a valid waiver of counsel at an early stage of the proceeding does not continue in effect through a subsequent stage


Input: Consider Input: in which this Court's authority to review criminal convictions was greatly circumscribed.” Cotton, 535 U.S. at 629, 122 S.Ct. 1781. It could examine constitutional errors in a criminal trial only on a writ of habeas corpus, and only then if it deemed the error "jurisdictional.” Id. (internal quotation marks omitted). "The Court’s desire to correct obvious constitutional violations led to a 'somewhat expansive notion of jurisdiction.Id. (quoting Custis v. United States, 511 U.S. 485, 494, 114 S.Ct. 1732, 128 L.Ed.2d 517 (1994)) (internal quotation marks omitted). 25 . A charging instrument may be so deficient that a court does not have jurisdiction over the case; for instance, if the charging document was never filed. See State v. Kaulia, 128 Hawai'i 479, 491, 291 P.3d 377, 389 (2013) (<HOLDING>). Without deciding the matter, a charge that 
 Holding statements: (A) holding that although that the district court erred in finding that plaintiffs lacked standing the appellate court may nonetheless proceed to consider the district courts determination that plaintiffs failed to state a claim upon which relief may be granted (B) holding that an action brought against the state officials in their official capacities was not properly removed to federal court because the district court lacked jurisdiction (C) holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial (D) holding that the district court lacked jurisdiction to review state disciplinary proceedings against attorney (E) holding that because the state failed to properly file the complaint the district court lacked jurisdiction to proceed to trial

Output: holding that although that the district court erred in finding that plaintiffs lacked standing the appellate court may nonetheless proceed to consider the district courts determination that plaintiffs failed to state a claim upon which relief may be granted


Input: Consider Input: 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986); Harris v. Forklift Sys., Inc., 510 U.S. 17, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993). 5 . See also Faragher, 118 S.Ct. at 2289 (noting that the circuits uniformly have applied a negligence standard to title VII cases involving harassment by co-workers). 6 . Waltman v. Int’l Paper Co., 875 F.2d 468, 478 (5th Cir.1989); see also Nash v. Electrospace Sys., Inc., 9 F.3d 401, 404 (5th Cir.1993) (discussing failure of plaintiff to complain to "company hierarchy"). 7 . In Williamson, the supervisor whose knowledge was deemed sufficient to impute actual knowledge to the employer was an HPD sergeant. See Williamson, 148 F.3d at 463. 8 . This standard comports with that of other circuits. See, e.g., Sauers v. Salt Lake County, 1 F.3d 1122, 1125 (10th Cir.1993) (<HOLDING>) (internal quotation and citation omitted); 
 Holding statements: (A) holding that one who exercises daytoday control over the employee will be considered as the employer (B) holding that the proper inquiry is whether the individual defendant served in a supervisory position in which he exercised significant control over the plaintiffs hiring firing or conditions of employment and if not whether employer had actual or constructive knowledge of the existence of a hostile work environment and took no prompt and adequate remedial steps (C) holding that while town counsel had final supervisory authority over the hiring and firing of employees in plaintiffs position it did not have supervisory authority over the mayors constructive discharge of plaintiff (D) holding board had jurisdiction when employer had final authority over the essential terms and conditions of employment including wages benefits hiring firing promotion discipline and grievances although employer was subject to various governmentimposed restrictions (E) holding that agent part of title viis definition of employer includes someone who serves in a supervisory position and exercises significant control over  hiring firing or conditions of employment


Output: holding that one who exercises daytoday control over the employee will be considered as the employer