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: essential element of an elevated breath alcohol level. Consequently, he contends that the judge’s ruling was essentially a determination that the exclusion of the BAT results left the State without sufficient proof to convict Defendant of the DWI charge, and that this constituted an adjudication of his innocence. Defendant also asserts that the judge’s oral comments that he had “reasonable doubt” and that he found Defendant “not guilty” further indicate that the judge deliberated on the merits of the case and acquitted Defendant of the DWI charge. Defendant does not, however, argue that the judge expressly ruled that Defendant was acquitted of the charges, nor would the record support such an assertion. See County of Los Alamos v. Tapia, 109 N.M. 736, 741, 790 P.2d 1017, 1022 (1990) (<HOLDING>). {20} The State concedes that jeopardy 
 Holding statements: (A) recognizing that when a cause of action is reduced to a judgment the cause of action is merged into the judgment and thereafter only an action on the judgment exists (B) recognizing that an actual express judgment of acquittal precludes retrial regardless of any defects in the process leading to the judgment (C) holding that defects in service of process must be raised in preliminary objections (D) holding on summary judgment that an attorney who failed to timely file an answer leading to a default judgment was on notice that a malpractice claim might be filed against him (E) recognizing that an appeal from a final judgment permits an attack against any nonfinal order or ruling leading up to it

Answer: (B)


Question: intended to purchase the entire 9.69 acre parcel described in the purchase and sale agreement. These findings have support in the record. Based on the evidence, the trial court could reasonably have been persuaded that it was highly probable that the parties operated under a mutual mistake as to the description in the deed. [¶ 18] Roger also argues that the doctrine of merger by deed prohibits reformation. “The doctrine of merger by deed provides that once a ... deed is accepted it becomes the final statement of the agreement between the parties and nullifies all provisions of the purchase-and-sale agreement.” Bryan, 665 A.2d at 1022 (quotation marks omitted). Merger by deed, however, does not prohibit reformation upon proof of a mutual mistake of fact at the time of closing. Cf. id. (<HOLDING>). C. Joint Accounts [¶ 19] Roger contends that 
 Holding statements: (A) holding that because the purchase price typically is not included in the deed this term of the contract of sale is not merged with the deed (B) holding in part that party seeking reformation of deed must show the original intent or agreement of parties by clear and convincing evidence (C) holding merger by deed prohibits reformation when one of the parties learns of a mistake before closing and still signs the deed (D) holding that a beneficiary under a deed of trust was entitled to reformation of the grantors deed (E) recognizing that the right to seek reformation of a deed is limited to the original parties to the deed and their successors in title

Answer: (C)


Question: States, 325 U.S. 91, 92-93, 65 S.Ct. 1031, 89 L.Ed. 1495 (1944). Although “acts of officers in the ambit of their personal pursuits are plainly excluded,” id., this does not “mean that if officials act for purely personal reasons, they necessarily fail to act ‘under color of law.’ ” United States v. Tarpley, 945 F.2d 806, 809 (5th Cir.1991). Rather, “individuals pursuing private aims and not acting by virtue of state authority are not acting under color of law purely because they are state officers.” Tarpley, 945 F.2d at 809 (internal citations omitted) (emphasis in original). For example, a police officer’s purely private acts which are not furthered by his state authority, are not acts under color of state law. See, e.g., Delcambre v. Delcambre, 635 F.2d 407, 408 (5th Cir.1981) (<HOLDING>). In United States v. Causey, 185 F.3d 407, 411 
 Holding statements: (A) holding that transportation of arrestee to police station is service of police under the ada (B) holding that accused was not in custody when asked to go to the police station and left the station freely (C) holding that a police chief was not acting under color of state law even though he was on duty and at the police station when he assaulted his sisterinlaw over personal arguments about family matters (D) holding that an illegal arrest occurred when the defendant was transported without probable cause from his home to the police station for fingerprinting and that the line is crossed when the police without probable cause or a warrant forcibly remove a person from his home or other place in which he is entitled to be and transport him to the police station where he is detained although briefly for investigative purposes (E) holding that appellants complaint on appeal that the environment was coercive did not change the fact that he was not in custody when he voluntarily went to the police station was told several times he could leave and did leave after the interrogation

Answer:
(C)