TASK DEFINITION: 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.
PROBLEM: Majority Opinion in Ford, former Justice Newman authored a concurring opinion, which Justice Saylor joined, in which she specifically expressed her agreement “that appellate counsel acted ineffectively by neglecting to raise trial counsel's ineffectiveness for failing to investigate and present evidence during the penalty phase of Appellant’s history of abuse and mental illness.” Ford, 809 A.2d at 336 (Newman, J., joined by Saylor, J., concurring). 5 . Although Teague's retroactivity analysis did not gamer five votes, a majority of the High Court soon thereafter reaffirmed the Teague plurality's rule and its two exceptions in Penry v. Lynaugh, 492 U.S. 302, 313, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989). 6 . Compare with Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (<HOLDING>); Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 
 Holding statements: (A) holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty (B) holding that mentally retarded capital murderers are constitutionally ineligible for death penalty (C) holding that juveniles are constitutionally ineligible for death penalty (D) holding that defendant may be subject to death penalty on resentencing (E) holding that the death penalty is unconstitutional as applied to juvenile defendants

SOLUTION: holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty

PROBLEM: of the Supreme Court of Pennsylvania and part of the “unified judicial system,” is an arm of the state. See Callahan v. City of Philadelphia, 207 F.3d 668, 672 (3d Cir.2000) (“All courts and agencies of the unified judicial system ... are part of ‘Commonwealth government’ and thus are state rather than local agencies.”). As a state agency, the Board has Eleventh Amendment immunity. See id. Therefore, as an arm of the state, Lucas may not sue the Board unless one of the three exceptions to Eleventh Amendment immunity apply. See MCI Telcomm. Corp., 271 F.3d at 503 (listing immunity exceptions). On appeal, Lucas argues that the Ex Parte Young exception precludes the bar of the Eleventh Amendment to the present action against the Board. Howe 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996) (<HOLDING>). Neither of these exceptions are applicable in 
 Holding statements: (A) holding that the medicaid act does not provide the type of detailed remedial scheme that would supplant an ex parte young action (B) holding that the cwa does not include a remedial scheme sufficient to preclude an ex parte young action (C) holding that a remedial scheme created by congress even if incapable of addressing all of plaintiffs injuries precluded a bivens action (D) holding that existence of a detailed remedial scheme shows congressional intent to prohibit recourse to the ex parte young fiction (E) holding that young will not apply where congress has created a detailed remedial scheme for the enforcement of a federal statutory right against a state

SOLUTION: holding that the medicaid act does not provide the type of detailed remedial scheme that would supplant an ex parte young action

PROBLEM: to Garrett, because he was still a member of the armed services at the time of the Board proceedings. The issue before the court in Keating was whether the plaintiff was a member of the armed services at the time of his court-martial. He had earlier been given an honorable discharge. In holding that the Navy had no jurisdiction to conduct the court-martial proceedings under the facts before him, the court noted that "an honorable discharge is an extremely valuable property right." Id. at 479. In the matter before us, there is no dispute that Garrett was a member of the Marine Corps at the time of the administrative discharge proceedings. 8 . A long line of authority supports the reasoning of Chappell: Rostker v. Goldburg, 453 U.S. 57, 66, 101 S.Ct. 2646, 2652, 69 L.Ed.2d 478 (1981) (<HOLDING>); Brown v. Glines, 444 U.S. 348, 360, 100 S.Ct. 
 Holding statements: (A) recognizing judiciarys customary policy of deference to the president in matters of foreign affairs (B) recognizing strong need for a healthy deference to legislative and executive judgments in the area of military affairs (C) recognizing in the psc context that a legislative delegation of power to a legislative or executive agency permitting an agency to declare what the law is violates floridas separation of powers doctrine (D) holding that state attorney general as member of executive department may assert claim of executive privilege (E) recognizing as a matter of law executive privilege for governor

SOLUTION:
recognizing judiciarys customary policy of deference to the president in matters of foreign affairs