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]: ... clearly does not rise to the level of constitutional error when the failure was correct as a matter of state law.” 593 F.2d at 267. He noted also that “the highest court of Kentucky expressly held that the state trial court did not err in refusing to give the requested lesser included offense instruction.” I do not find any error in this conclusion. Shortly after this court decided Pilón, however, the Supreme Court invalidated on due process grounds an Alabama law which forbade the jury to consider a verdict of guilt of a lesser included offense in a capital case when the evidence would have supported such a verdict. Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980). See also Hopper v. Evans, 456 U.S. 605, 611, 102 S.Ct. 2049, 2052, 72 L.Ed.2d 367 (1982) (<HOLDING>). Beck was concerned with imposition of the 
 Holding statements: (A) holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction (B) holding that beck requires that a lesser included offense instruction be given when the evidence warrants such an instruction as a matter of due process in a capital case (C) holding that due process does not require a lesser included offense instruction of manslaughter where not requested (D) holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given (E) holding that a lesser included offense instruction might be constitutionally required in capital cases because of their unique nature
[EX A]: (B)

[EX Q]: waived those rights. Accordingly, the trial court denied defendant’s motion to suppress his statements. Defendant argues that the trial court made numerous errors in its order. Generally, an appellate court’s review of a trial court’s order on a motion'to suppress is limited to a determination of whether its findings are supported by competent evidence and, in turn, whether the findings support the trial court’s ultimate conclusions of law. E.g., State v. Cooke, 306 N.C. 132, 134, 291 S.E.2d 618, 619 (1982). However, here, as noted above, the State argues that defendant failed to preserve the issue because he did not object at trial. Defendant coun ters that no objection was necessary, distinguishing our recent opinion in State v. Oglesby, 361 N.C. 550, 554, 648 S.E.2d 819, 821 (2007) (<HOLDING>). Defendant’s contention is that the judge who 
 Holding statements: (A) holding a general ruling by the trial court is insufficient to preserve a specific issue for appellate review (B) holding that although a defendant filed a motion in limine on an evidentiary issue a failure to object to the evidence at trial waives the issue for appeal (C) holding that a party failed to preserve error by not pursuing a ruling at trial where the courts motion in limine ruling invited the party to attempt to admit the evidence during trial (D) holding that general objection did not preserve error on appeal (E) holding that a trial courts evidentiary ruling on a pretrial motion is not sufficient to preserve the issue    for appeal unless a defendant renews the objection during trial
[EX A]: (E)

[EX Q]: 915 F.2d at 39 n. 4. Perch’s cancer-related civil claims allege the same types of discrimination (gender and disability), and are based on the same type of conduct (refusal to change shift and grant additional sick time) as her CFS-related administrative charge. While the defendant’s acts regarding Perch’s CFS-related disability and her cancer-related disability are different, the difference is only temporal, not qualitative. The MCAD had ample opportunity to investigate both charges, whether or not it actually did so. Accordingly, I conclude that the cancer-related claims survive under the scope-of-the-investigation rule. V. ORDER For the foregoing reasons, the defendant’s motion to dismiss is DENIED. 1 . See Beddall v. State Street Bank and Trust Co., 137 F.3d 12, 17 (1st Cir.1998) (<HOLDING>); Edwin v. Blenwood Assocs., 9 F.Supp.2d 70, 72 
 Holding statements: (A) holding that a court may consider a document submitted by a defendant in determining whether to dismiss the complaint because it was integral to and explicitly relied on in the complaint and because the plaintiffs do not challenge its authenticity (B) holding that in connection with a motion to dismiss the court may consider a document not attached to the pleadings where the plaintiffs claim depends on the contents of a document the defendant attaches the document to its motion to dismiss and the parties do not dispute the authenticity of the document even though the plaintiff does not explicitly allege the contents of that document in the complaint (C) holding that the failure to attempt to prove the authenticity of a document  is significant particularly when the document in question was apparently obtained for removal proceedings rather than a contemporaneously created record of a past event (D) holding that a court in deciding a rule 12b6 motion may consider a document that is incorporated by reference into the complaint (E) holding that when  a complaints factual allegations are expressly linked  and admittedly dependent upon  a document the authenticity of which is not challenged that document effectively merges into the pleadings and the trial court can review it in deciding a motion to dismiss under rule 12b 6
[EX A]:
(E)