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:
but rather affords a bright-line, legal presumption of coercion, requiring suppression of all unwarned statements.” Oregon v. Elstad, 470 U.S. 298, 306 n. 1, 105 S.Ct. 1285, 1292 n. 1, 84 L.Ed.2d 222, 23 2 L.Ed.2d 975 (1958) (same). Essentially, the Court determined that the prejudicial quality of testimony regarding an actually coerced confession is, like all other improperly introduced testimony at trial, capable of review. At this point in time, the Fulminante decision stands as the sole, albeit the dispositive, case on this point. In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (<HOLDING>); Berkemer v. McCarty, 468 U.S. 420, 443, 104 
 Holding statements: (A) holding that waiver of miranda rights was valid where  finding  that the defendant initiated the conversation  was  implicit in the district judges denial of the suppression motion  (B) holding that in order to conclude that federal constitutional error is harmless court must find that error harmless beyond a reasonable doubt (C) holding that booker constitutional error was harmless beyond a reasonable doubt because on remand the district court would have given defendant the same sentence (D) holding that although defendant was a deputy sheriff miranda warnings were required irrespective of defendants knowledge of his fifth amendment rights (E) holding that although miranda required the suppression of testimonial statements made before defendant was advised of his constitutional rights the state court is free of course to consider this harmless error question upon remand
answer:
holding that waiver of miranda rights was valid where  finding  that the defendant initiated the conversation  was  implicit in the district judges denial of the suppression motion 


question:
CURIAM. Anthony McLemore was tried by jury and convicted of possession of cocaine and possession of cannabis. We agree with McLemore that the trial court erred in failing to give the jury his requested special instruction that an element of the crime is knowledge by the defendant that the substances possessed were marijuana and cocaine. See Chicone v. State, 684 So.2d 736, 746 (Fla.1996). Even though McLemore disavowed any connection whatsoever to the items, we find that the error was not harmless. See Scott v. State, 808 So.2d 166 (Fla.2002)(<HOLDING>). Accordingly, we reverse the convictions and 
 Holding statements: (A) holding that failure to give proper instruction regarding disputed element of crime charged was fundamental error requiring reversal and stating that fundamental error is not subject to harmless error review (B) holdingthat because the evidence of the defendants guilt was overwhelming the courts failure to give a requested charge on impeachment constituted harmless error (C) holding that a trial court errs when it fails to give a limiting instruction properly requested by a party (D) holding that failure to give a limiting instruction for 404b evidence is not plain error (E) holding that failure to give a properly requested chicone instruction cannot be harmless error
answer:
holding that failure to give proper instruction regarding disputed element of crime charged was fundamental error requiring reversal and stating that fundamental error is not subject to harmless error review


question:
exon-erations, twenty-one percent of wrongful convictions were based on confessions that were made by or attributed to the defendant); see generally Richard Leo & Richard J. Ofshe, The Consequences of False Confessions: Deprivations of Liberty and Miscarriages of Justice in the Age of Psychological Interrogation, J. of Crim.L. & Criminology, Winter 1998 (reporting statistics on the unreliability of confessions). 7 . The majority in Henera did not set forth the standard that a person must reach for a truly persuasive showing of actual innocence. However, in Schlup, the Supreme Court resulted in the exoneration of David Vasquez, who had pled guilty to the crime and had been sentenced to 35 years in prison. See 1996 Report at 73. 9 . See Toney v. Gammon, 79 F.3d 693, 700 (8th Cir.1996) (<HOLDING>); Watkins v. Miller, 2000 WL 680418, *1 
 Holding statements: (A) holding that district court abused its discretion by denying plaintiffs motion to file fourth amended complaint (B) holding that the district court abused its discretion by denying the habeas petitioners motion to conduct dna testing which was unavailable at trial (C) holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint (D) holding trial court abused its discretion by refusing to conduct hearing and render decision on motion (E) holding that bia abused its discretion in denying motion to reopen
answer:

holding that district court abused its discretion by denying plaintiffs motion to file fourth amended complaint