instruction:
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.
question:
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
answer:
(B)


question:
v. Jones, 993 P.2d 424, 427-28 (Alaska 1999) (construing a statute to give rise to an equitable lien because it established "an interest in and a right to seek reimbursement from" a particular source). 13 . Cf. AS 09.35.160 (giving a judgment creditor and the process server who levies on property under a writ of execution full control over the timing of a sale in satisfaction of the judgment). 14 . See Alaska R. Civ. P. 89(a). 15 . AS 13.16.505. 16 . AS 13.06.050(39). This definition comports with the definition set out in Uniform Probate Code section 1-201(33), which states: " 'Property' includes both real and personal property or any interest therein and means anything that 'may be the subject of ownership." 17 . Cf. Goldstein v. Prien, 143 Cal.App.2d 123, 299 P.2d 344, 346 (1956) (<HOLDING>). 18 . Since AS 13.16.505 prohibits liens from 
 Holding statements: (A) holding that it is improper for a trustee to liquidate claims that benefit only select creditors with the only benefit to the estate being the recoupment of administrative costs (B) holding that there is a difference between a debtor attempting to pursue an action for his own benefit and a trustee pursuing an action for the benefit of the creditors (C) recognizing under analogous section of california code that the right to recover property conveyed by a decedent in fraud of creditors is an asset of his insolvent estate and that the executor or administrator is a trustee thereof for the benefit of creditors (D) holding that directors of an insolvent corporation are trustees for the creditors (E) recognizing that the bangor punta doctrine was not applicable to suit brought by receiver of insolvent insurance company for the benefit of creditors
answer:
(C)


question:
from the instant case, which involves a timely appeal from a final judgmen 1, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978) (“A mistake in designating the judgment appealed from is not always fatal, so long as the intent to appeal from a specific ruling can fairly be inferred by probing the notice and the other party was not misled or prejudiced.”); Foman v. Davis, 371 U.S. 178, 181-82, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962) (“The Federal Rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits.”) (internal quotation marks omitted); LeBoon v. Lancaster Jewish Community Center Association, 503 F.3d 217, 225, n. 6 (3rd Cir.2007) (<HOLDING>); KH Outdoor, LLC v. City of Trussville, 465 
 Holding statements: (A) holding that because record did not contain notice of appeal in compliance with rule 3 there was no appellate jurisdiction and appeal must be dismissed (B) holding that the same principles of commonsense  that led the court  to conclude that the technical requirements for a notice of appeal were not mandatory where the notice did not mislead or prejudice the appellee demonstrate that parties to an appeal may waive the separatejudgment requirement of rule 58 (C) holding that the court did not have jurisdiction to hear an appeal after an untimely filing of a notice of appeal (D) holding that technical inadequacy in the notice of appeal did not deprive the court of jurisdiction (E) holding the court lacked jurisdiction where the defendant failed to file a notice of appeal on the attorneys fee issue because a supplemental notice of appeal is required for us to have jurisdiction over an attorneys fees issue that becomes final subsequent to the initial notice of appeal
answer:

(D)