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.

[EX Q]: the State argued that Wright and Jackson were the two shooters at the trials of Wright, Oglesby, and Jackson. The State denies that it presented mutually exclusive, false, or misleading evidence. It contends that the evidence permits two factual scenarios: the shooters were either Jackson and Wright or Jackson and defendant. This is not a case where the prosecutor destroyed the credibility of one witness to convict one defendant and then used that same witness to convict a co-defendant for the same crime. See, e.g., Drake v. Kemp, 762 F.2d 1449 (11th Cir.1985), cert. denied, 478 U.S. 1020, 106 S.Ct. 3333, 92 L.Ed.2d 738 (1986). Nor is this a case where the prosecutor improperly argued facts that were unsupported by the evidence. Nichols v. Collins, 802 F.Supp. 66, 75 (S.D.Tex.1992) (<HOLDING>), habeas corpus denied, sub nom, Nichols v. 
 Holding statements: (A) holding that the defendant may not state one ground at trial and another on appeal (B) holding that where trial court is trier of fact and has made an affirmative deadly weapon finding it retains discretion to enter finding in judgment (C) holding that although trial courts oral opinion may be used as a reference in the interpretation of its written findings of fact it is not a finding of fact (D) holding to preserve an issue for appellate review the issue must have been raised to and ruled upon by trial court and a party may not argue one ground for objection at trial and another ground on appeal (E) holding in case in which defendant challenged his murder conviction and death sentence on ground that states conflicting theories in the trial of his accomplice constituted a denial of due process that state may be constitutionally estopped from obtaining a fact finding in one trial and seeking and obtaining an inconsistent fact finding in another trial
[EX A]: holding that the defendant may not state one ground at trial and another on appeal

[EX Q]: to be heard on the motion have been misled but also show that correcting the defect will result in a different disposition of the case.” E.D. Mich. Local Rule 7.1(h)(3); see Graham ex rel. Estate of Graham v. Cnty. of Washtenaw, 358 F.3d 377, 385 (6th Cir.2004). Here, the district court found that Moniz “simply is attempting to re-argue [] issues which were already ruled upon by the Court when it dismissed his Complaint,” and thus denied the motion to reconsider. R. 14 (Dist. Ct. Order at 3) (Page ID # 129). This court has stated that a district court does not abuse its discretion in denying a motion to reconsider where the motion “merely raise[s] arguments that were already ruled upon.” Graham, 358 F.3d at 385; see also Lommen v. McIntyre, 125 Fed.Appx. 655, 659 (6th Cir.2005) (<HOLDING>). There was no abuse of discretion in the 
 Holding statements: (A) 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 (B) holding it was not an abuse of discretion to deny funds (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that it was not an abuse of discretion to deny a motion for reconsideration where the motion presented nothing new and merely rephrased allegations in the complaint (E) holding under third circuit law that the denial of a motion for reconsideration is reviewed for abuse of discretion
[EX A]: 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

[EX Q]: the judicial proceedings were effected by the district court’s ruling. Instead, Miller argues that the district court was obligated to award nominal damages, régardless of the timeliness of the request, once the jury found that Albright and Cobb violated his constitutional rights. In support of his position, Miller cites Carey v. Piphus, 435 U.S. 247, 266, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978) (“[T]he denial of procedural due process is actionable for nominal damages without proof of actual injury.”); Farrar v. Hobby, 506 U.S. 103, 112, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992) (“[A] court [must] award nominal damages when a plaintiff establishes a violation of his right to procedural due process but cannot prove actual injury.”); and Risdal v. Halford, 209 F.3d 1071, 1072-73 (8th Cir.2000) (<HOLDING>). These cases, however, do not address whether 
 Holding statements: (A) holding that plaintiff waived the right to nominal damages in an excessive force case because nominal damages were not requested until after the verdict (B) holding that the right to nominal damages was waived in a breach of duty action when plaintiff failed to raise the issue of nominal damages until after the verdict (C) holding that nominal damages award was appropriate where the evidence supporting the damages was speculative (D) holding that when a jury finds section 1988 liability but fails to award damages nominal damages are available to plaintiff (E) holding that the first amendment right to free speech is absolute and an award of nominal damages is required even if the defendant fails to object to the nominal damages instruction
[EX A]:
holding that plaintiff waived the right to nominal damages in an excessive force case because nominal damages were not requested until after the verdict