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.

Q: erred by failing to instruct the jury that a confidential informant’s testimony must be corroborated, in conformity with article 38.141. We agree. Our holding that there was some “other evidence” to satisfy the statutory corroboration requirement does not eliminate the need for an instruction. See Saunders v. State, 817 S.W.2d 688, 690 (Tex.Crim.App.1991) (noting court “might disagree” with court of appeals’s holding that there was no evidence ten o the trial court’s failure to charge the jury on the requirements of article 38.141 here, but asserts that the trial court’s error resulted in harm under the “egregious harm standard” of Almanza v. State, 686 S.W.2d 157, 171 (Tex.Crim.App.1985) (applying egregious harm analysis to unobjected-to charge error). See Herron, 86 S.W.3d at 632 (<HOLDING>); Saunders, 817 S.W.2d at 692 (holding 
 Holding statements: (A) holding egregious harm standard applied where appellant failed to object to lack of instruction on accomplice witness testimony (B) holding egregious harm resulted from erroneous jury instruction authorizing conviction based on legally inadequate theory (C) holding that it was prejudicial error to fail to give such a cautionary instruction even where the defendant did not object at trial to the lack of such an instruction when the accomplice testimony was uncorroborated (D) holding that where appellant failed to present either expert or lay testimony as to the appropriate standard of care to be used appellant failed to present any evidence indicating the existence of an issue of fact thus summary judgment was proper (E) holding that a party waived an allegation that an instruction was erroneous where the party failed to object at trial to the instruction on those grounds

A: (A)
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Q: is outside the ambit of the Fifth Amendment." Id. at 891. Specifically, we held: Recall that in the majority of those cases, the court specifically considered whether the defendant invoked the right to remain silent and concluded that the defendant's statement or action was an invocation of the right. See Combs [v. Coyle, 205 F.3d 269, 286 (6th Cir.2000), reh'g denied, cert. denied, 531 U.S. 1035, 121 S.Ct. 623, 148 L.Ed.2d 533 (2000)]; [United States v. Burson, 952 F.2d 1196, 1200 (10th Cir.1991), cert. denied, 503 U.S. 997, 112 S.Ct. 1702, 118 L.Ed.2d 411 (1992)]; Coppola [v. Powell, 878 F.2d 1562, 1567 (1st Cir.1989), cert. denied, 493 U.S. 969, 110 S.Ct. 418, 107 L.Ed.2d 383 (1989)]; see also Berghuis v. Thompkins, 560 U.S. 370, 130 S.Ct. 2250, 2260, 176 L.Ed.2d 1098 (2010) (<HOLDING>)[, reh'g denied ]. Based on these cases and the 
 Holding statements: (A) holding that during police interrogation right to remain silent must be invoked unambiguously (B) holding that a defendant who is subject to custodial interrogation must be advised in clear and unequivocal language of his constitutional right to remain silent and his right to a lawyer (C) holding that a suspect who wants to invoke his or her right to remain silent must do so unambiguously (D) holding that police may continue questioning a suspect until he unambiguously invokes his right to remain silent (E) holding that an accused must unambiguously invoke the right to remain silent

A: (A)
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Q: considered in the context of a traditional understanding of the larceny statute.’ ” Calonico, supra at 154, quoting People v. Camiola, 225 A.D.2d 380, 380-381 (N.Y. 1996). 9 The defendant’s argument mirrors the dissent in Commonwealth v. Reske, 43 Mass. App. Ct. 522, 532-533 (1997) (Gillerman, 1, dissenting), which posited that because a victim’s mental incapacity is not an element of the offense of larceny, it may not be offered as proof of the crime except by legislative intervention. As did the majority in Reske, we reject that limitation on the nature of evidence probative of the defendant’s guilt. 10 The lack of consent is an implicit factor in other context ) (affirming larceny conviction because victim lacked mental capacity to consent to taking); Camiola, 225 A.D.2d at 380-381 (<HOLDING>). Cf. State v. Maxon, 32 Kan. App. 2d 67, 79-80 
 Holding statements: (A) holding admissible testimony of the victims daughter regarding a telephone call from the defendant to the victim hours before the victims death and the victims emotions following the telephone call where defendant claimed accident (B) holding that mental capacity may be considered on issue of victims intent (C) holding that a jury could reasonably infer defendant and his brother engaged in victims murder with deliberation where victims hands and feet were bound expert testimony was that victims injuries were inflicted when he was alive defendants gloves were discarded in victims trailer and defendant and his brother burned the trailer in an attempt to conceal the evidence (D) holding that the offense of sexual battery requires the state prove the victims lack of consent regardless of the victims age and charge the jury on the same (E) holding that jury may consider victims mental capacity in determining whether defendant acted with victims knowledge and consent

A:
(E)
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