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.

[EX Q]: erred in denying without a hearing his claim that trial counsel were ineffective because they “were under a conflict of interest in this case because counsels’ interest in spending the minimum amount of time on a case for which they were receiving no money conflicted with [Movant’s] desire that his case be fully litigated and investigated.... ” The State counters that the trial court did not clearly err in denying this claim because Movant failed to plead facts not refuted by the record demonstrating an actual conflict. To prevail on a claim of ineffective assistance of counsel based on a conflict of interest, a movant must show that an actual conflict of interest adversely affected counsel’s performance. Conger v. State, 356 S.W.3d 217, 221 (Mo.App.E.D. 2011) (quotation omitted) (<HOLDING>). “In order to prove a conflict of interest, 
 Holding statements: (A) holding that the trial court abused its discretion in denying a motion to substitute counsel on the strength of gonzalezs sworn responses at the pleataking that no one was threatening him or forcing him to plead where the defendant alleged that his attorney forced him to plead guilty  and threatened him if he did not take the plea (B) holding that defendant failed to plead sufficient facts and instructing the trial court to dismiss the plaintiff from the case (C) holding that right to appeal claim of ineffective assistance of counsel alleging that counsel failed to convey plea negotiations timely and adequately inform of consequences of pleading guilty to jury for sentencing waived because plea of guilty to jury was independent of and not supported by alleged ineffective assistance of counsel claims (D) holding no coercion where counsel told movant his conviction was likely because movant stated he understood full range of punishment and no one threatened him to plead guilty (E) holding that the movant failed to establish that plea counsel coerced him to plead guilty to avoid taking the case to trial
[EX A]: (E)

[EX Q]: personally waive the rights to testify at trial, to have the prosecution witnesses testify in defend other settings. One such case arose when a defendant charged with first-degree criminal sexual conduct stipulated to the element that he was more than 36 months older than the victim without waiving his right to a jury trial on that element. State v. Wright, 679 N.W.2d 186, 190 (Minn.App.2004), review denied (Minn. June 29, 2004). In Wright, we applied a harmless-error analysis to the district court’s failure to obtain appellant’s personal waiver. Id. at 191. In part, we reasoned that proving the age element to the jury would have had “a more prejudicial effect than- the stipulation” because appellant was significantly older than the victim. Id.; see also Hinton, 702 N.W.2d at 281-82 (<HOLDING>). Also, both Wright and Hinton involved 
 Holding statements: (A) holding that stipulation of the appellants undisputed prior convictions was harmless error and reasoning that blakely v washington which does not require a jury determination of prior convictions provides implicit support for the conclusion that a harmless error analysis is appropriate (B) recognizing that where the error involved defies analysis by harmless error standards or the data is insufficient to conduct a meaningful harmless error analysis then the error will not be proven harmless beyond a reasonable doubt (C) holding blakely errors are subject to harmless error analysis (D) holding that the trial courts error in not allowing defendant to testify on direct examination as to nature and circumstances of prior convictions was not harmless error where credibility of the defendant was critical to the deliberations of the jury (E) holding that any error was harmless and thus not plain error
[EX A]: (A)

[EX Q]: cannot be resolved on summary judgment regarding the enforceability of the provisions in the Agreements barring consequential damages. Thus, summary judgment is only proper if Defendants have established that there is no genuine issue of material fact as to the availability of the damages sought by Plaintiffs under California law in the absence of enforceable provisions in the Agreements limiting liability. The Court concludes that Defendants have met this burden as to diminution in value damages but not as to lost rent. 1. The Limitati racts which “have for their object ... to exempt any one from responsibility for his own fraud ... are against the policy of the law.” Cal. Civ.Code § 1668; see also Blankenheim v. E.F. Hutton & Co., 217 Cal.App.3d 1463, 1471, 266 Cal.Rptr. 593 (1990) (<HOLDING>). Plaintiffs have presented evidence which, if 
 Holding statements: (A) holding that rochez did not foreclose respondeat superior liability for brokerdealers for the fraudulent acts of their employees (B) holding that intentional acts exclusion applies to intentional act of child molestation (C) holding that under  1668 a party may not contract away liability for fraudulent or intentional acts (D) holding that intentional acts do not exclude coverage under the occurrence language unless the injury was expected or intended (E) holding that liability insurer had duty to defend insured against complaint that alleged intentional tort and negligence in the alternative even when policy excluded coverage for intentional torts
[EX A]:
(C)