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.
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Question: matter, Moton requested that the trial court poll the jury, and the court agreed to do so. The first four jurors questioned all indicated that they freely and voluntarily agreed with the guilty verdict. The court ing that evidence showed that trial court’s refusal to afford defendant first offender treatment was based on deliberate consideration of the case and sentencing options and, therefore, was not an abuse of discretion); Graydon, 313 Ga. App. at 581 (same). 15 Geiger v. State, 295 Ga. 648, 651 (3) (763 SE2d 453) (2014). 16 Graham v. State, 107 Ga. App. 332, 333 (1) (130 SE2d 166) (1963); see generally Boatwright v. State, 91 Ga. 13, 13 (16 SE 101) (1892). 17 Geiger, 295 Ga. at 651 (3) (punctuation omitted). 18 See Columbus v. State, 270 Ga. 658, 664-65 (4) (513 SE2d 498) (1999) (<HOLDING>). 19 Benefield v. State, 278 Ga. 464, 466 (602 
 Holding statements: (A) holding that trial court did not abuse its discretion in denying defendants motion for a continuance when record showed that contrary to defendants contention state did not fail to comply with discovery duties and that defendant failed to show that denial resulted in harm to his case (B) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (C) holding denial of continuance to be an abuse of discretion (D) holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing (E) holding that trial court did not abuse its discretion by denying motion for continuance when not in proper affidavit form

Answer: (A)


Question: obligations, the United States government must conform its conduct to constitutional requirements. Grin v. Shine, 187 U.S. 181, 184, 23 S.Ct. 98, 100, 47 L.Ed. 130 (1902). See In re Burt, 737 F.2d 1477, 1485 (7th Cir.1984) (“when the conduct of the United States government is challenged, such conduct must be assessed in light of the Constitution”); Plaster v. United States, 720 F.2d 340, 348 (4th Cir.1983). Where an extradition court finds that extradition would violate the relator’s constitutional rights, the Executive branch may not extradite him. In re Burt, supra, 737 F.2d at 1484; Plaster v. United States, supra, 720 F.2d at 349. See also In re Extradition of Mahmoud Abed Atta, 1988 WL 66866 (E.D.N.Y. June 17, 1988) (unreported slip op.) (available on Westlaw, federal database) (<HOLDING>). However, an American court may not deny 
 Holding statements: (A) holding that juveniles may waive constitutional rights (B) recognizing defendants state and federal constitutional rights to testify (C) holding in the private sector context that flsa rights cannot be abridged by contract or otherwise waived  and stating that in any event congressionally granted flsa rights take precedence over conflicting provisions in a collectively bargained compensation arrangement (D) holding that constitutional rights in extradition take precedence over treaty terms (E) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights

Answer: (D)


Question: The point is that, once jurisdiction is lost, the court of appeals lacks the power to invoke any rule to thereafter obtain jurisdiction. Even a claimed deprivation of constitutional rights cannot confer jurisdiction upon a court where none exists, anymore than parties can by agreement confer jurisdiction upon a court. So any amendments made pursuant to Rule 25.2(d) cannot be jurisdictional amendments. Id. at 413-14 (emphasis added) (footnotes omitted). According to Riewe, the only amendments permitted under Rule 25.2(d) are wcm-jurisdictional amendments. Id. The amendments appellant must make to his notice of appeal to invoke our jurisdiction over his complaint about punishment evidence are “jurisdictional amendments.” Craddock v. State, 32 S.W.3d 886, 887 (Tex.App.—Waco 2000, no pet.) (<HOLDING>); see also Davis v. State, 870 S.W.2d 43, 46-47 
 Holding statements: (A) holding that notice requirements of 4206a are jurisdictional (B) holding that notice requirements under rule 252b3 are jurisdictional (C) holding that notice requirements under former rule 40b1 are jurisdictional (D) holding that regulatory requirements are not jurisdictional in nature (E) holding that notwithstanding rule 252b3 requirements appellate court could address jurisdictional defects

Answer:
(B)