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.

Input: Consider Input: strip frisk of an employee may only be conducted on the order of the Superintendent or Acting Superintendent. (The Officer of the Day may issue this order if the Superintendent or Acting Superintendent is absent from the facility and cannot be contacted). b. Strip frisks must be supervised by a uniformed supervisor having at least the rank of Lieutenant. c. No more than two frisking employees are to be present in addition to the supervising officer. d. Strip frisks shall be conducted in a location and manner which will cause the least possible embarrassment to the employee being searched. e. The supervising and searching officers must be of the same sex as the employee being searched. If a ranking female security supervisor is not available, the Superintendent shall designate a female (<HOLDING>) to conduct the search. f. An employee may 
 Holding statements: (A) holding that because there was no evidence before the court of any similarly situated employees who were promoted to a higher salary grade when plaintiff was denied a promotion plaintiff could not establish a prima facie case of discriminatory failure to promote (B) holding that a retiree with a sixth grade education who was given little time to review the terms had stated a claim (C) holding that the record did not belie the claimants iq of 58 where he attended special education classes did not live independently and dropped out of school at a low grade either in the sixth or eighth grade (D) holding a higher grade than the employee being searched (E) holding the prosecution to a higher burden of proof than the law required is a valid raceneutral reason for excluding a juror

Output: (D)


Input: Consider Input: should be drawn from the defendant's failure to call his accomplices to testify. The prosecutor remarked only that Mitchell had the power to subpoena witnesses, and that the defense could do so "if they thought it would contradict something [the State! presented.” In light of defense counsel’s earlier statements that "clearly you have a situation where a misidentification could take place,” and that the jury should be able to see Corprew, Cochran, and Henderson in the courtroom, the prosecutor's remarks did not relate to the substance of those witnesses’ potential testimonies. Had the prosecutor inferred that Corprew, Cochran, and Henderson would have testified unfavorably to the defense, that inference might well have conflicted with Christensen, 274 Md. at 140-41, 333 A.2d at 49 (<HOLDING>). Nevertheless, we conclude that the 
 Holding statements: (A) holding that trial court has discretion to permit defendant to call accused witness to stand and permit witness to invoke fifth amendment privilege in front of jury where entire defense was centered on witness commission of crime (B) holding that sixth amendment only requires that witness be brought to court not that he be required to take witness stand after refusing to testify and observing that it is irrelevant whether the witnesss refusal is grounded in a valid fifth amendment privilege an invalid privilege or something else entirely (C) holding that an adverse inference cannot be drawn from a defendants failure to call a witness if the states evidence establishes that the witness is an accomplice who would be entitled to assert a fifth amendment privilege (D) holding that witness was not an accomplice in distributing marijuana to himself (E) 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

Output: (C)


Input: Consider Input: warrant was for failure to abide by conditions of release. Defendant was arrested on that warrant; he was not arrested for failure to appear. Defendant argues that there is no provision in the rule for failure to return from a furlough and that failure to appear under Rule 5-604(B)(5) occurs only when a defendant fails to appear before a judicial officer at a scheduled hearing.. {24} The criminal Failure to Appear statute has just such a provision, and Defendant contends that the statute “connects” to the rule. Section 31-3-9 makes it a crime to “willfully fail[ ] to appear before any court or judicial officer” when that person is “released pending any proceeding related to the prosecution or appeal of a criminal offense.” Id.; see Hicks, 2002-NMCA-038, ¶ 15, 132 N.M. 68, 43 P.3d 1078 (<HOLDING>). Indeed, no conviction has been sustained 
 Holding statements: (A) holding that the failure to appear in court pursuant to a court order can constitute direct criminal contempt (B) holding that the term timely should be read in conjunction with 45c2b that requires a party subject to a subpoena to object to a subpoena duces tecum within 14 days of service of the subpoena (C) holding that criminal faffing to appear requires not coming to court as directed by a notice subpoena summons or other legal process (D) holding a person who is not a member of the bar of any court  may appear pro se but is not qualified to appear in the district court or in this court as counsel for others (E) holding that a denial of an order to quash a subpoena not directed to a movant was a final order if the movant had no further opportunity to challenge the subpoena


Output: (C)