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: absence of any effort to serve Bustos with a summons or a complaint, the Receiver cannot claim substantial compliance with Rule 4. The Receiver’s failure even to attempt to comply with Rule 4 is no “minor defect,” United Food & Commercial Workers Union v. Alpha Beta Co., 736 F.2d 1371, 1382 (9th Cir.1984), that can be remedied by actual notice. More importantly, the difficulty here runs deeper than mere insufficient service of process. The Receiver never filed a complaint and never named Bustos as a party. In other words, the Receiver never commenced an action against Bustos, see Fed. R. Civ. P. 3; it simply named Bustos in a motion for the disgorgement of allegedly ill-gotten gains earned through the sale of unregistered securities. See In re Alpha Telcom, 2004 WL 3142555, at *1 (<HOLDING>). Prior to Bustos’s intervention in the action, 
 Holding statements: (A) holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons (B) holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons (C) holding that a title vii cause of action is limited to those discrimination allegations in the complaint that have been under the scrutiny of a formal eeoc complaint (D) holding that a formal summons and complaint were unnecessary because the motion before the court is not an independent action (E) holding that service of a statecourt summons and complaint after removal to federal court is valid service

Answer: (D)


Question: Parker, we vacate the sentence and remand for resen-tencing. Nearly a month before trial, Parker opted to waive his right to counsel and elected to represent himself. At that time, the trial court conducted a Faretta inquiry and allowed Parker to represent himself throughout the trial. However, when the jury returned with the guilty verdict, the trial court proceeded immediately to sentencing without renewing the offer of counsel. In doing so, the trial court erred. “Once a defendant waives the right to counsel in a criminal case, the court must renew the offer of counsel at each subsequent critical stage of the proceedings, one of which is sentencing.” Serrano v. State, 113 So.3d 895, 896 (Fla. 2d DCA 2012); see also Ingraham v. State, 32 So.3d 761, 768-69 (Fla. 2d DCA 2010) (<HOLDING>). Accordingly, we affirm the judgment, vacate 
 Holding statements: (A) 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 (B) holding postindictment lineup is critical stage of trial at which defendant is entitled to presence of counsel (C) 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 (D) recognizing that brooks protects against denial of counsel at a critical stage of his trial (E) holding that posttrial motion for new trial is critical stage requiring counsel or valid waiver

Answer: (C)


Question: that Dina told him about the allegations, the court must have believed that James did not obtain the information illegally. We find both parties’ reasoning to be flawed. The Fourth Amendment has no application in this context. James Pannunzio committed the illegal act without the assistance or appeal of the government. See United States v. Jacobsen (1984), 466 U.S. 109, 113-114, 104 S.Ct. 1652, 1656, 80 L.Ed.2d 85, 94. See, also, State v. Ford (Oct. 9, 1987), Lucas App. No. L-86- 338, unreported, 1987 WL 18126 (explaining that even though evidence is secured illegally by a private person and turned over to the police, possession by the police does not invoke the exclusionary rule); and Walter v. United States (1980), 447 U.S. 649, 657, 100 S.Ct. 2395, 2402, 65 L.Ed.2d 410, 418 (<HOLDING>). Davies’ reliance on Perkins and Nix is 
 Holding statements: (A) holding that where defendant consented to search of his car and stood by as agent conducted a thorough and systematic search which included removal of vehicles back seat and raising of cars rear quarter panel defendants failure to object to search indicated search was within scope of consent (B) holding that officers executing a search warrant for contraband have the authority to detain the occupants of the premises while a proper search is conducted (C) holding that a significant expansion by police of the search that had been conducted previously by a private party must be characterized as a separate search (D) holding that search of backpack constituted a search of defendants person and was not authorized by search warrant for premises (E) holding that contraband would have been inevitably discovered where agents conducted a warrantless search while obtaining a search warrant and later conducted a second legal search in which agents discovered contraband

Answer:
(C)