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. 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.
question:
of the evidence to have determined the outcome.” Id.; accord Snow v. State, 697 S.W.2d 663, 666-68 (Tex.App.-Houston [1st Dist.] 1985), pet. dism’d, 794 S.W.2d 371 (Tex.Crim.App.1987). A “single egregious error” may constitute ineffective assistance. Thompson, 9 S.W.3d at 813. Frequently, it has. Texas Cases Reversing Without Evidence of Trial Strategy In at least 22 cases decided after the Court of Criminal Appeals decided Jackson v. State, Texas courts have reversed even though no evidence of trial counsel’s reasoning was presented. See Woods v. State, 59 S.W.3d 833, 835-38 (Tex.App.-Texarkana 2001, pet. filed); Mares v. State, 52 S.W.3d 886, 893 (Tex.App.-San Antonio 2001, pet. ref'd); Jaubert v. State, 65 S.W.3d 73 (Tex.App.-Waco 2000, pet. granted) (designated for publication) (<HOLDING>); Robison v. State, 35 S.W.3d 257, 265 
 Holding statements: (A) recognizing rule (B) recognizing a limited exception to the eightcorners rule for a pure coverage question where the insurer is not questioning the merits of the underlying thirdparty claim and the extrinsic evidence goes strictly to an issue of coverage without contradicting any allegation in the thirdparty claimants pleadings material to the merits of that underlying claim (C) recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court (D) holding that procedural bar rule does not apply to ineffectiveness claims (E) recognizing the rule in robinson and reviewing the merits of ineffectiveness claim without evidence of trial counsels strategy
answer:
recognizing rule


question:
first time a party must specify the statute authorizing attorney’s fees is in the Rule 54 motion (unless otherwise provided by statute or court order). In Missouri, attorney’s fees are not recoverable from another party, except when a contract or statute allows it. Essex Contracting, Inc. v. Jefferson County, 277 S.W.3d 647, 657 (Mo. banc 2009). The second sentence of the Missouri commissions statute is such an exception to the general Missouri rule. Kraft v. Edwards, 946 S.W.2d 775, 776 (Mo.App.1997). The district judge’s ruling that there was no statutory basis for an award of attorney’s fees is erroneous as a matter of law. On remand, the district court should consider whether to award attorney’s fees. See Chem-Trend, Inc. v. Newport Indus., Inc., 279 F.3d 625, 631 (8th Cir.2002) (<HOLDING>). Because this case as tried addressed only 
 Holding statements: (A) recognizing discretion of district court in determining a fee award (B) holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained (C) recognizing district courts discretion to consider pending state charge in determining sentence (D) recognizing court discretion in determining reasonable fee under rule 11 (E) holding that attorneys fee award in a common fund case must be  reasonable under the circumstances
answer:
holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained


question:
dictates how cases against the Engle defendants should proceed. If the Majority mean to suggest that Douglas III instituted an "unorthodox” and "novel notion of res judicata,” Ante at 1183, 1184— 85, our duty as a recognizing court, under Florida law and the U.S. Constitution, would shift to evaluating whether the newly created law “eliminate[s] the basic common law protection against an arbitrary deprivation of property.” Douglas III, 110 So.3d at 431 (citing Oberg, 512 U.S. at 432, 114 S.Ct. at 2339). Does it, for example, allow plaintiffs to preclude the Engle defendants from litigating matters—such as whether their tortious conduct caused an individual plaintiff's injuries— on which they have never had an opportunity to be heard? Douglas III leaves no doubt. See 110 So.3d at 429 (<HOLDING>). Moreover, the law to which the Majority hint 
 Holding statements: (A) holding a person commits aggravated dui when his or her driving under the influence was a proximate cause of the injuries  citation not the sole and immediate cause of the victims injuries emphasis omitted (B) holding the plaintiff must show that the defendants departure from such generally recognized practices and procedures was the proximate cause of the plaintiffs alleged injuries and damages (C) holding that the injury was inflicted by the defendant when it occurred as a result of the defendants combative conduct (D) holding that when a plaintiff proves that addiction to the engle defendants cigarettes containing nicotine was a legal cause of the injuries alleged injury as a result of the engle defendants conduct is assumed emphasis added (E) recognizing the phase i trial was conducted for the explicit purpose of determining issues related to the engle defendants conduct which were common to the entire class meaning they had every reason to litigate each potential theory of liability to the fullest extent possible
answer:

holding a person commits aggravated dui when his or her driving under the influence was a proximate cause of the injuries  citation not the sole and immediate cause of the victims injuries emphasis omitted