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.

fundamental error analysis. 4 . During this hearing the court allowed Dr. Bail-on to testily telephonically from the hospital at which the patient was located. 5 . Alternatively, an appellate court could remand the matter to the superior court for evidentiary hearings and findings on the effectiveness of appointed counsel. See In re Condry's Estate, 117 Ariz. 566, 568, 574 P.2d 54, 56 (App.1977). In In re Maricopa County Juv. Action No. JS-4942, 142 Ariz. 240, 242, 689 P.2d 183, 185 (App. 1984), we reversed and remanded the matter to the juvenile court for an evidentiary hearing to determine whether the parent had received adequate notice of the hearings against him and whether the parent had received effective assistance of counsel. 142 Ariz. at , 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (<HOLDING>); State v. Carriger, 132 Ariz. 301, 304, 645 
 Holding statements: (A) holding that constitution requires  an opportunity  granted at a meaningful time and a meaningful manner  for a hearing appropriate to the nature of the case (B) holding that the due process clause is violated if the prosecution fails to disclose material evidence that is favorable to a criminal defendant (C) holding if counsel entirely fails to subject the prosecutions case to meaningful adversarial testing  the adversary process itself is presumptively unreliable (D) holding that due process requires at a minimum an opportunity to be heard at a meaningful time and in a meaningful manner (E) holding that the prosecutions suppression of evidence material to guilt or punishment violates due process regardless of the prosecutions good or bad faith
(C)

position and whether the party would receive “an unfair advantage or impose an unfair detriment on the opposing party if not estopped.” Id. at 751, 121 S.Ct. 1808. The doctrine is designed to prevent “intentional self-contradiction” and is improperly applied “when the former position was the result of inadvertence or mistake.” Lampi Corp. v. Am. Power Prod., 228 F.3d 1365, 1377 (Fed.Cir.2000). Thus, the court does no disservice to the important purposes underlying holding parties to judicial admissions by acknowledging that a response to an injunctive action is an evolving position, and the facts and legal positions should be taken in view of the emerging facts as they become known to the litigating parties. See SanDisk Corp. v. Memorex Prod., Inc., 415 F.3d 1278, 1291 (Fed.Cir.2005) (<HOLDING>). It is also necessary to note that the 
 Holding statements: (A) holding that courts should avoid constructions that would render statutory text superfluous (B) holding that a transferee federal court should apply its interpretations of federal law not the constructions of federal law of the transferor circuit (C) holding that courts should not use doctrine of judicial estoppel to prevent evolution of arguments but should permit preliminary constructions made without full development of the record or issues to remain open to revision (D) holding that the issue of defendants actual knowledge should not be resolved on summary judgment but should be left to the trier of fact (E) holding courts should apply statutory constructions that make practical sense and do not frustrate legislative intent
(C)

in the city’s park' alongside other religious and secular displays.' Pleasant Grove City v. Summum, 555 U.S. 460, 481, 129 S.Ct. 1125, 172 L.Ed.2d 853 (2009). Explaining its rationale, it cited the history of government use of monuments to speak to’ the public; the fact that observers generally expected permanent monuments to convey a message on the property owner’s behalf; and the.city’s control over the selection of monuments. Id, at 470-73, 129 S.Ct. 1125. At the same . time, however, speech that is otherwise private does not become speech of the government merely because the government provides a forum for the speech or in some way allows or facilitates it. See, e.g., Cornelius v. NAACP Legal Def. & Educ. Fund, Inc., 473 U.S. 788, 811-13, 105 S.Ct. 3439, 87 L.Ed.2d 567 (1985) (<HOLDING>); Latino Officers Ass’n, N.Y., Inc. v. City of 
 Holding statements: (A) holding that a charity drive organized by government was nonpublic forum for private speakers to solicit donations and therefore that viewpoint discrimination was prohibited (B) holding unconstitutional a rule excluding all religious speech as viewpoint discrimination (C) holding that a claim for discrimination in private employment is not preempted by title vii (D) holding discrimination based on pregnancy was not sex discrimination (E) holding that an underinclusive regulation will violate the first amendment only if it favors a particular viewpoint

(A)