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.
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Question: and Waste Control Specialists. LLC v. Sierra Club, appellate cause number. 03-12-00335-CV. 4 . See Sierra Club v. Texas Commission on Environmental Quality, cause number D-l-GN-12-001586. 5 .Despite this, the trial court issued a written order denying the motion twenty days after the deadline for ruling on the motion had passed. The order — though included in the record on appeal — is of no effect. Jain v. Cambridge Petroleum Grp., Inc., 395 S.W.3d 394, 396 (Tex.App.-Dallas 2013, no pet.) ("The trial court's signing the order denying the motion [to dismiss pursuant to the Act] after it was already denied by operation of law is legally of no effect because the motion to dismiss was already denied.”); reran v. Fryer, 586 S.W.2d 699, 700 (Tex.Civ.App.-Cor-pus Christi 1979, writ ref'd) (<HOLDING>). 6 . Appellees also insist that Sierra Club 
 Holding statements: (A) holding that an order purporting to amend a judgment was void because it was entered after the trial court had lost jurisdiction to rule on the parties postjudgment motions (B) holding court lost jurisdiction to enter its order after thirty days and the motion was denied by operation of law (C) holding trial court did not abuse discretion in denying motion for new trial by operation of law because motion was not properly presented even though a notice of presentment was filed and the docket sheet contained an entry for the motion having been filed (D) holding that a district courts order of dismissal with prejudice was a nullity because the court lacked jurisdiction (E) holding that an order purporting to overrule a motion for new trial that had already been overruled by operation of law was a nullity

Answer: holding that an order purporting to amend a judgment was void because it was entered after the trial court had lost jurisdiction to rule on the parties postjudgment motions


Question: or inferences ... based on scientific, technical, or other specialized knowledge within the scope of Rule 702.” Fed.R.Evid. 701(c). In other words, lay testimony must "result[] from a process of reasoning familiar in everyday life” and not “from a process of reasoning which can be mastered only by specialists in the field.” Fed.R.Evid. 701 advisory committee's note (internal quotation marks omitted). "Testimony based solely on a person’s special training or experience is properly classified as expert testimony, and therefore it is not admissible under Rule 701.” Compania Administradora v. Titan Intern’l, Inc., 533 F.3d 555, 561 (7th Cir.2008). This includes testimony about an opinion reached during a parole officer’s investigation. See U.S. v. Garcia, 413 F.3d 201, 216 (2d Cir.2005) (<HOLDING>). Cue’s testimony here does not ”result[] from 
 Holding statements: (A) holding officer could testify based on his training and experience that a defendants actions were consistent with selling cocaine (B) holding that a witness may testify about his subjective interpretation of a conversation in which he is participating as long as his opinion is rationally based on his perception and is helpful either to an understanding of his testimony or to the determination of a fact in issue (C) holding that a law enforcement agent may not testify about an opinion reached during his investigation if the agents reasoning process depended in whole or in part on his specialized training and experience (D) holding that trial court did not abuse its discretion in qualifying an expert witness in the area of gang identity and investigation based on his training and experience (E) holding an agent from the drug enforcement agency could testify regarding the street value of cocaine where the agent was testifying regarding matters within his personal knowledge and experience as a narcotics officer

Answer: holding officer could testify based on his training and experience that a defendants actions were consistent with selling cocaine


Question: did attempt to make an offer of proof or other motion to enable the trial court to decide the appropriate scope of his testimony. See Whitehead, 116 Ill. 2d at 443. Defendant also argued trial counsel’s claimed failure to object to improper comments by the prosecution. According to defendant, trial counsel did not object when the prosecution impermissibly highlighted his failure to testify, made an issue of trial counsel’s sincerity, misled the jury by suggesting that defendant’s theories of intoxication and reasonable doubt were sufficient in law only if the jury believed both defenses, and referred to him as a “pervert.” These alleged errors were raised on direct appeal as instances of prosecutorial misconduct which denied defendant a fair trial. See Whitehead, 116 Ill. 2d at 445-47 (<HOLDING>). We cannot say, however, even assuming defense 
 Holding statements: (A) holding errors based on the constitutional rights to confrontation and due process may be waived by failure to object at trial (B) holding defendants failure to object timely waives its right to challenge expert report (C) holding failure to object in timely fashion at trial results in waiver of issue for appeal (D) holding claimed errors waived for failure to timely object (E) holding that claimed errors of law are subject to plenary review

Answer:
holding errors based on the constitutional rights to confrontation and due process may be waived by failure to object at trial