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: v. State, 175 Ga. App. 234, 238-39 (4) (333 SE2d 103) (1985) (reversing conviction when there was no evidence that firearm found near defendant was on defendant’s person during commission of the crime). 32 Carswell, 251 Ga. App. at 735 (1) (b) (emphasi at jury could “consider the evidence concerning the small size and crowded conditions within the residence and infer that it was inevitable” that defendant passed even momentarily within arm’s reach of a firearm hidden under a couch that was positioned behind a coffee table containing cocaine). 36 Copeland v. State, 228 Ga. App. 734, 736 (1) (492 SE2d 723) (1997), declined to follow on other grounds, Weems v. State, 269 Ga. 577, 579 (2) & n.2 (501 SE2d 806) (1998). Cf. Ferguson v. State, 307 Ga. App. 232, 233 (1) (704 SE2d 470) (2010) (<HOLDING>). 37 See Martinez v. State, 303 Ga. App. 166, 
 Holding statements: (A) holding that evidence in an inadmissible form may be considered at the summary judgment stage as long as the evidence is submitted in an admissible form at trial (B) holding inter alia that a jury may consider a defendants appearance at trial in conjunction with the evidence submitted at trial in order to resolve conflicts in the testimony presented (C) holding that the trial court properly added a party defendant to conform to the evidence presented at the trial (D) holding that the sixth amendments guarantee of a trial by jury requires the jury to base its verdict only on the evidence presented at trial (E) holding that the sixth amendments guarantee of a trial by jury requiresthe jury to base its verdict only on the evidence presented at trial

Answer: (B)


Question: this ease is to certify a class to determine the issue of whether Beverly systematically and chronically understaffed the Batesville nursing facility and then to decertify the class, if necessary, to determine individual restitution and damage claims as well as any defenses in separate proceedings.” Thomas, 370 Ark. at 320, 259 S.W.3d at 451 — 52. The same is true here. Determining the central questions whether understaffing creates contractual or statutory liability and whether chronic understaffing occurred are more efficiently handled in a single proceeding. Otherwise, there exists the possibility of a multiplicity of suits across the state with the potential that circuit courts may reach inconsistent results. See Summons v. Missouri Pac. R.R., 306 Ark. 116, 813 S.W.2d 240 (1991) (<HOLDING>). We also do not agree that efficiency is 
 Holding statements: (A) holding that whether or not claimant would have returned to work at all was a question of fact (B) holding it is a question of fact (C) holding that actual apportionment of damages is a question of fact (D) holding that the repeated litigation of the liability question and the possibility of inconsistent results outweighed the fact that each claimant would have different evidence regarding damages (E) holding that generally the question of waiver and estoppel is a question of fact

Answer: (D)


Question: Moreover, even though E.C. was the only eyewitness, her testimony about the assault was cumulative of the testimony of Nurse Bufford and Officer Horace, thus lessening the importance of E.C.’s testimony about the assault. Finally, E.C. gave a statement about the assault to Officer Horace and Nurse Buf-ford immediately after the assault occurred, but before she was arrested. Thus, even if her testimony had been important to the State’s case, her testimony about the assault comports with what she told Nurse Bufford and Officer Horace after the assault but before she was arrested and placed on deferred-adjudication probation; she could have gained no advantage for herself merely by repeating that testimony. See Hall v. State, 663 S.W.2d 154, 158 (Tex.App.-Fort Worth 1983, no pet.) (<HOLDING>). Moreover, appellant presented no evidence to 
 Holding statements: (A) holding that trial court did not err in refusing to parse witnesss testimony or to have it replayed in its entirety (B) holding that where no description of witnesss evidence offered and no suggestion made as to how testimony would affect defendants case trial court did not err in refusing to issue certificate ordering witnesss attendance (C) holding that a witnesss testimony or an exhibit may not explicitly and directly contain an opinion as to a trial witnesss credibility (D) holding that a trial witnesss testimony as to the credibility of another witness was prejudicial error (E) holding that trial court did not err in refusing to allow defendant to introduce evidence of witnesss pending indictment when witnesss testimony regarding defendants participation in murder was virtually identical to witnesss written statement which was sworn to on day of murder and prior to offense for which witness was indicted

Answer:
(E)