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.

Ex Input:
that, although the trial court was initially prepared to suppress based solely on the deputies’ conduct in providing Gomez’s name, the court ultimately applied the Neil factors and, finding that the identification was unreliable, ruled the state failed to establish that the witness’ recollection was independent of the suggestive identification. On these facts, the trial court could properly conclude that it was unnecessarily suggestive for the victims to be provided the defendant’s name and resulting access to his photo on the website before having any opportunity to identify him, thus giving rise to a substantial likelihood of irreparable misidentification. See generally Fitzpatrick v. State, 900 So.2d 495, 518 (Fla.2005)(quoting Washington v. State, 653 So.2d 362, 365 (Fla.1994)) (<HOLDING>); Johnson v. State, 566 So.2d 888, 890 (Fla. 
 Holding statements: (A) holding that showup identification proce dure was not unduly suggestive where officer said to eyewitness we got two guys in the car similar to the ones you told us about (B) holding that unprovoked flight is not necessarily indicative of wrongdoing but it is certainly suggestive of such (C) holding showing of a single photo is unduly suggestive (D) holding that showup identification procedure was not unduly suggestive where defendant was handcuffed and placed under police spotlight (E) holding due process requires suppression of testimony regarding pretrial identification when procedure employed is impermissibly suggestive

Ex Output:
(C)


Ex Input:
evidence sufficient to create a genuine factual dispute.” Sweats Fashions, 833 F.2d at 1562. Plaintiff has neither submitted materials of his own, nor shown how the materials already in the record create a genuine issue of material fact. He has done nothing more than rest on an ambiguous “general denial”: that he has either “refused to accept” his severance pay, or that such pay was never “conveyed” to him.” Pl.’s Opp. at 4. This is not enough to survive a summary judgment motion. Put simply, while defendant has met its burden under Celotex properly to support Cl. 736, 756 (2011) (declining to consider a claim for relief not contained in the plaintiffs complaint and first raised in plaintiffs motion for summary judgment); Michels v. United States, 72 Fed.Cl. 426, 431-32 (2006) (<HOLDING>). Defendant cannot be faulted for failing to 
 Holding statements: (A) holding that a plaintiff may attempt to survive a rule 12b6 motion by adding essential new facts in a brief on appeal (B) holding that a plaintiff cannot avoid dismissal under rcfc 12b6 by asserting a new claim (C) holding that a respondent cannot avoid the initial pleading element by obtaining a dismissal and filing her own suit (D) recognizing that a rule 12b6 motion is an appropriate vehicle on which to seek dismissal of a claim barred by a prescription statute (E) holding that dismissal pursuant to rule 12b6 is appropriate if the plaintiff is unable to articulate enough facts to state a claim to relief that is plausible on its face

Ex Output:
(B)


Ex Input:
error, appellant contends the trial court was not an impartial tribunal because of its membership in the Children’s Assessment Center judicial council. In points of error one through three, appellant challenges the trial court’s and the recusal courts’ denials of his motions to recuse and motion for new trial. In points of error four through six, appellant contends the trial court and the recu-sal courts erred by refusing to hear evidence on the motions and allowing the motion for new trial to be overruled by operation of law without a hearing. A.Waiver Initially, the State contends appellant has waived his recusal challenges because he did not comply with the 10-day notice provision of Texas Rule of Civil Procedure 18a. See Arnold v. State, 853 S.W.2d 543, 544-45 (Tex.Crim.App.1993) (<HOLDING>); Tex.R. Civ. P. 18a. Appellant filed his 
 Holding statements: (A) holding that rule 4k2 does apply to admiralty cases (B) holding that 60day time limit for notice of appeal in civil cases not 10day limit in criminal cases applies to  2255 proceedings (C) holding that the rules governing criminal cases apply to  3582c2 proceedings (D) holding that 10day notice provision for motion to recuse in rule 18a explicitly apply to criminal cases (E) holding that action of judge assigned to hear a motion to recuse in signing an order denying the motion was not a proceeding required to be carried out from in the county seat

Ex Output:

(D)