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: determined that only the foregoing portion of this opinion will be printed in the Washington Appellate Reports and that the remainder shall be filed for public record pursuant to RCW 2.06.040, it is so ordered. Bridgewater, A.C.J., and Hunt, J., concur. 1 O’Connor later produced a valid concealed weapons permit. 2 Simple possession of a controlled substance is a lesser included offense of possession with intent to deliver. State v. Harris, 14 Wn. App. 414, 418, 542 P.2d 122 (1975); see State v. Sims, 119 Wn.2d 138, 142, 829 P.2d 1075 (1992) ("Where one merely possesses a controlled substance without the statutory element of intent, one is guilty of simple possession under RCW 69.50.401(d), absent unwitting possession.”); State v. Robbins, 68 Wn. App. 873, 877, 846 P.2d 585 (1993) (<HOLDING>). 3 It is not clear when he purchased the 
 Holding statements: (A) holding defendant could only be sentenced to a single offense under section 1244011 not both conspiracy with intent to deliver and possession with intent to deliver (B) holding second simple possession conviction was not an aggravated felony because it was not prosecuted as recidivist possession (C) holding that possession with intent to distribute and simple possession are the same offense under blockburger (D) holding that trial court may arrest judgment on conviction for possession with intent to deliver and enter judgment of guilt on simple possession (E) holding that the defendants prior drug conviction for simple possession did not constitute a controlled substance offense because the plain language of  4b12b requires that the prior conviction involve possession with intent to distribute

Answer: (D)


Question: opens the door by suggesting the victim’s behavior is inconsistent with that of an abused child. As noted below, many other courts have allowed testimony that a child victim’s behavior or symptoms are “consistent with” child abuse trauma as rebuttal evidence. That is not what happened in this case. Just two years ago, in State v. Favoccia, the Supreme Court of Connecticut thor oughly reviewed the conflicting precedent and policy considerations in reaching the same conclusion we reach today. 306 Conn. 770, 51 A.3d 1002, 1012-22 (2012). The Favoccia court overturned its own precedent to hold that “the trial court abused its discretion in permitting [the expert] to testify about the complainant’s behaviors being consistent -with those generally characteristic 6, 671 N.E.2d 984, 985 (1996) (<HOLDING>); State v. Chamberlain, 137 N.H. 414, 628 A.2d 
 Holding statements: (A) holding that the trial court had abused its discretion in dismissing the case without allowing appellants an opportunity to amend (B) holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care (C) holding admission of expert testimony not erroneous where expert described typical traits and characteristics of sexually abused children (D) holding that the trial court abused its discretion by allowing expert testimony that directly linked the characteristics of sexually abused children to the complainants in this case (E) holding that the testimony of an expert witness is admissible when the witness outlines the general characteristics of sexually abused children and then states that the victims symptoms are consistent with those characteristics

Answer: (D)


Question: 24 . It appears Plaintiffs themselves recognized this at some point. In their original Motion for Entry of Judgment, Plaintiffs sought as damages the entire principal amount of the underlying-judgment of $5,830,000. In their supplemental brief, Plaintiffs modified their request to seek the remaining principal of the underlying excess verdict of $5,730,000 ($5,830,000 - $100,000). 25 . Interest = Principal x Rate x Time in years: $5,830,000 x 6.25% x (493 days/365 days). 26 . Had Nationwide wanted to reduce the amount of interest accruing on the judgment, it could have paid its $100,000 policy limits immediately after the judgment was entered and before any substantial amount of interest had accrued. See JTH Tax, Inc. v. Flowers, 311 Ga.App. 495, 497, 716 S.E.2d 559, 561 (2011) (<HOLDING>); Threatt v. Forsyth Cnty., 250 Ga. App. 838, 
 Holding statements: (A) holding that a bankruptcy trustee is an officer of the court appointed by the court directed by the court and paid by the court but is in no sense an agent or employee or officer of the united states (B) holding that the interest must be that created by a claim to the demand in suit or some part thereof  which is the subject of litigation (C) holding that a judgment debtor may abate the accrual of interest by paying amount owed and may abate the accrual of interest during appeal by complying with ocga  91167 by depositing with the court all or any part of such sum  to be held by the clerk of the court subject to withdrawal in whole or in part at any time thereafter upon order of the court upon posting of sufficient security (D) holding that jurisdiction of the subject matter  in either a civil or criminal action may be raised at any stage of the proceedings even after a plea of guilty and for the first time in the appellate court (E) holding in the context of a case involving the availability for public inspection of criminal docket books that files in the possession of the clerk of the criminal court of the city of new york are public records which may be fully examined by any person unless the papers have been sealed from public scrutiny by the court or by the terms of a statute

Answer:
(C)