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.

Q: matter. When it is clear, however, from the relevant parts of the contract taken together and considered with the facts and circumstances surrounding the execution of the agreement, that the obligation in question was within the contemplation of the parties or was necessary to effect their intention, then such obligation may be implied and enforced. But when the contract between the parties speaks to the obligation sought to be implied, the courts will not write that implied obligation into the contract. Stated conversely, there may be an implied covenant on the part of the lessee (in the absence of any expressed on the subject as in the lease).[ ] Id. (citations, alterations, and quotation omitted). See also Nearburg v. Yates Petroleum Corp., 123 N.M. 526, 943 P.2d 560, 569 (1997) (<HOLDING>). Thus, in accordance with New Mexico law, any 
 Holding statements: (A) recognizing that endorsement would prevail if inconsistent with policy provisions (B) holding that courts cannot imply covenants which are inconsistent with express provisions (C) holding that state courts may not enforce racially restrictive covenants (D) holding that the restrictive covenants at issue are unenforceable as a matter of public policy (E) holding that the law will not imply a contract where there is an existing express contract covering the same subject matter

A: recognizing that endorsement would prevail if inconsistent with policy provisions
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Q: California state prisoner, Roy Lee Brown, Jr., appeals pro se the dismissal of his 28 U.S.C. § 2254 petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253. We review de novo, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we vacate and remand. Brown contends that his § 2254 petition was timely filed because his state habeas petitions statutorilly tolled the Antiterrorism and Effective Death Penalty Act’s (AEDPA) one-year statute of limitations. We agree. Brown is entitled to tolling during the time he was seeking one full round of collateral review by the California courts. See 28 U.S.C. § 2244(d); Delhomme v. Ramirez, No. 00-56148, 2003 WL 21947183, at *3 (9th Cir. Aug. 15, 2003) (per curiam) (<HOLDING>); Carey v. Saffold, 536 U.S. 214, 220, 122 
 Holding statements: (A) holding that second and third state habeas petitions that were dismissed as impermissible successive petitions were properly filed (B) holding that it would be inappropriate to predict whether state law would foreclose state postconviction review of the petitioners habeas claim where the state permitted second or successive state petitions when the procedural bar would result in fundamental injustice (C) recognizing that a habeas petitioner may be entitled to tolling during a second round of petitions but holding that the statute is not tolled between rounds (D) holding that overlapping state habeas petitions begin a separate round of review and do not disturb the pendency of petitioners first round of review (E) holding that overlapping petitions do not affect tolling during the time petitioner is seeking one full round of review

A: holding that second and third state habeas petitions that were dismissed as impermissible successive petitions were properly filed
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Q: our state Supreme Court to determine “[w]hether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant”); cf. Markman v. Westview Instruments, Inc., 517 U.S. 370, 377, 381-82, 116 S. Ct. 1384, 134 L. Ed. 2d 577 (1996) (in determining whether it is proper for a jury to “ ‘shoulder [the] responsibility [of construction of a written instrument] ... to preserve the substance of the [Seventh Amendment] common-law right of trial by jury,’ ” noting that judges not juries, ordinarily construe written documents (emphasis omitted) (quoting Tull v. United States, 481 U.S. 412, 426, 107 S. Ct. 1831, 95 L. Ed. 2d 365 (1987)); Jackson v. Denno, 378 U.S. 368, 385-86, 84 S. Ct. 1774, 12 L. Ed. 2d 908 (1964) (<HOLDING>). Some have argued that Blakely prohibits the 
 Holding statements: (A) holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment (B) holding the due process clause of the fourteenth amendment extends the right to jury trial to defendants in serious criminal cases in state courts (C) holding that states procedure providing for jury evaluation of voluntariness of a defendants confession violates fourteenth amendment due process (D) holding that continued incarceration after the lawful basis for custody expires violates due process under the fourteenth amendment (E) holding that an attempt by a prosecuting attorney to serve two masters violates the due process clause of the fourteenth amendment

A:
holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment
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