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.

plain error review because he did not object to the admissibility of the reports or to the testimony by Detective Duft about the report. See State v. Parker, 350 N.C. 411, 427, 516 S.E.2d 106, 118 (1999) (plain error is error “so fundamental as to amount to a miscarriage of justice or which probably resulted in the jury reaching a different verdict than it otherwise would have reached.”). Indeed, Defendant never disputed that the material was cocaine. He chose not to defend on that basis, but rather focused on portraying himself as a homeless person making a delivery in exchange for beer and cigarettes. Since the identity of the substance was not challenged, the admission of the laboratory reports was harmless error. See State v. Edwards, - N.C. App. -,-, 621 S.E.2d 333, 337 (2005), (<HOLDING>); State v. Thompson, 110 N.C. App. 217, 225, 
 Holding statements: (A) holding that trial delay for dna testing was attributable to the state but was mere negligence (B) holding that failure to require production of dna testing protocols was harmless beyond a reasonable doubt when the defendant did not dispute that he committed the crimes at issue but rather argued that he was mentally impaired (C) holding that the sixth amendment confrontation clause violation in that case was harmless beyond a reasonable doubt and therefore did not require the conviction to be overturned (D) holding that harmless beyond a reasonable doubt analysis not applicable in habeas cases (E) holding the state failed to meet its burden of showing the erroneous jury instruction was harmless beyond a reasonable doubt where it did not address the issue on appeal
holding that trial delay for dna testing was attributable to the state but was mere negligence

on the circuit court orders and the statements of defense counsel at the hearing. We hold that neither the doctors nor the trial court could rely on facts and legal conclusions within the circuit court orders. Thus, the doctors’ assertions at the hearing, which were based on facts within the orders, constituted factual statements of counsel. Moreover, the orders were, in effect, memoranda submitted by counsel. In any event, the trial court could not properly consider factual statements from either when deciding the motions, however they are characterized. Cf. Stiles v. Onorato, 318 S.C. 297, 457 S.E.2d 601 (1995) (noting that the ruling on a 12(b)(6) motion to dismiss must be based solely upon the allegations set forth on the face of the complaint); Gilmore, 290 S.C. 53, 348 S.E.2d 180 (<HOLDING>). This is not to say that circuit court orders 
 Holding statements: (A) holding that the judge cannot consider factual statements of counsel in a motion for summary judgment (B) holding that unsworn statements may not be considered on a motion for summary judgment (C) holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment (D) holding that motion to dismiss cannot be treated as summary judgment (E) holding that conclusory statements without factual support are of no value to the court when deciding a summary judgment motion
holding that unsworn statements may not be considered on a motion for summary judgment

the State violated the defendant’s" Fifth Amendment right by commenting on his failure to testify, “[w]e view the State’s argument from the jury’s standpoint and resolve any ambiguities in the language in favor of it being permissible argument.” Randolph v. State, 353 S.W.3d 887, 891 (Tex.Crim.App.2011). Here, the State Was reminding the jury about Nickerson's confession, not emphasizing his silence at trial. Because the language was not “manifestly intended or was of such a character'that the jury would necessarily "and naturally take it as a comment on the defendant’s failure to testify,” we hold that the trial court did not abuse its discretion in overruling Nickerson’s objection to the State’s statement. See id.; see also Garcia v. State, 126 S.W.3d 921, 924 (Tex.Crim.App.2004) (<HOLDING>). Further, the charge instructed the jury that 
 Holding statements: (A) holding the prosecutors statements were not an inappropriate comment on the defendants failure to testify but rather a comment on the defendants failure to present convincing evidence to support his defense (B) holding that comment by prosecutor in closing argument that defense counsel did not produce evidence of the defendants innocence was not a comment on the defendants failure to testify (C) holding a prosecutor may not comment on a defendants silence (D) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify (E) holding that prosecutor did not comment on defendants failure to testify by referencing defendants written statement and pointing out what defendant did not say

holding the prosecutors statements were not an inappropriate comment on the defendants failure to testify but rather a comment on the defendants failure to present convincing evidence to support his defense