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.

[Q]: S.Ct. 1215, 43 L.Ed.2d 570 (1975).” Peters v. Narick, 165 W.Va. 622, 628 n. 13, 270 S.E.2d 760, 768 n. 13 (1980). This Court has determined repeatedly that the West Virginia Constitution may be more protective of individual rights than its federal counterpart. See, e.g., State v. Bonham, 173 W.Va. 416, 317 S.E.2d 5 Daley, 174 W.Va. 299, 324 S.E.2d 713 (1984) (state constitution compels striking limitation on soliciting after sunset even if federal constitution does not); Woodruff v. Board of Trustees of Cabell Huntington Hospital, 173 W.Va. 604, 611, 319 S.E.2d 372, 379 (1984) (Article III, § 1 "more stringent in its limitation on waiver [of fundamental rights] than is the federal constitution”); Pushinsky v. West Virginia Board of Law Examiners, 164 W.Va. 736, 266 S.E.2d 444 (1980) (<HOLDING>); Pauley v. Kelly, 162 W.Va. 672, 707, 255 
 Holding statements: (A) recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution (B) recognizing that state constitution imposes more stringent limitations on power of state to inquire into lawful associations and speech than those imposed by federal constitution (C) recognizing exception under state constitution (D) holding that appellate court assumes appellant claims no greater protection under state constitution than that provided by federal constitution when state and federal claims not briefed separately (E) holding missouri constitution requires stricter separation of church and state than does federal constitution
[A]: recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution


[Q]: court’s credibility determinations “unless the court credited testimony that was essentially unbelievable as a matter of law,” United States v. Smith, 308 F.3d 726, 746 (7th Cir.2002). There is no clear error in the district court’s decision to credit the presentence investigation report and Officer Morrissey’s sworn testimony over the unsworn, hearsay statement of the defendant. See United States v. Torres-Ramirez, 213 F.3d 978, 980-81 (7th Cir.2000) (‘When the sentence rests on testimony under oath ... it is enough that the judge believe the witness — unless the testimony is illogical or contradicted by documents or other physical evidence, making it clearly erroneous to accept the witness’s version of events.”); United States v. Krankel, 164 F.3d 1046, 1054-55 (7th Cir.1998) (<HOLDING>). Campbell directs us to no inconsistencies in 
 Holding statements: (A) holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error (B) holding that where defendant did not offer any rebuttal evidence to refute presentence report district court  was free to adopt facts in psi without further inquiry (C) holding that court may satisfy factual basis requirement by examining presentence report (D) holding that bald unsupported assertions by the defendant cannot refute presentence investigation report (E) holding that the information contained in a presentence report is reliable because it is based upon the presentence officers research of the records contact with relevant agencies and the gathering of information which is required to be included in a presentence report
[A]: holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error


[Q]: Remmer presumption following third-party communication with a juror, jurors encountered third parties who expressed their view of a party's culpability or appropriate sentence. E.g., Fullwood v. Lee, 290 F.3d 663, 676-84 (4th Cir.2002) (remanding for an evidentiary hearing in a § 2254(d)(1) case where the petitioner proffered evidence that a juror’s “strongly pro-death penalty” husband had repeatedly attempted to influence his wife to convict the petitioner and sentence him to death); United States v. Cheek, 94 F.3d 136, 140-44 (4th Cir. 1996) (reversing and remanding for a new trial based on the Remmer presumption based on juror-third party contact the Court characterized as the juror's correct perception that the third party was attempting to bribe him); Stockton, 852 F.2d at 745-46 (<HOLDING>); Stephens v. South Atlantic Canners, Inc., 848 
 Holding statements: (A) holding that trial court is not required to poll the jurors regarding possible acquittal on death penalty (B) holding statute stating that judge could excuse jurors was violated when jury commissioners excused jurors (C) holding that a criminal defendant can bring a third party challenge to the peremptory striking of jurors based on race whether or not he is of the same race as the jurors who are struck (D) holding that a third partys statement to jurors that he hoped they fried the sonofabitch bore on the exact issue  whether to impose the death penalty  that the jurors were deliberating at that time (E) holding that trial court abused its discretion in failing to make a proper inquiry of jurors andor failing to strike jurors for cause after jurors explicitly expressed bias
[A]:
holding that trial court is not required to poll the jurors regarding possible acquittal on death penalty