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: District Attorney’s Office to discriminate in the jury selection process. On April 26, 2007, the PCRA court issued an order denying Appellant relief and the instant appeal followed. Appellant raises the following claim: The lower court erred by limiting Appellant’s hearing solely to proof of a policy or culture of discrimination by the Philadelphia District Attorney and further erred by denying Appellant the opportunity to develop and prove discrimination in his case. Before we proceed with a review of the merits of this issue, we must ascertain whether the PCRA court was correct in its conclusion that Appellant timely filed his fifth PCRA petition for, if he did not, we are without jurisdiction to address his claim. Commonwealth v. Abu-Jamal, 596 Pa. 219, 941 A.2d 1263 (2008) (<HOLDING>). Pursuant to 42 Pa.C.S. § 9545(b)(1), any PCRA 
 Holding statements: (A) holding that railroad immunity act should be strictly construed (B) holding that the time requirements of the statute are as much a part of the jurisdictional threshold as the mandate to file for a rehearing and that the time limits must be strictly construed and may not be waived by ferc or evaded by the courts (C) holding pcra time limits are jurisdictional in nature and must be strictly construed (D) holding that a governments consent to be sued must be construed strictly in favor of the sovereign (E) holding  2513 to be jurisdictional and therefore must be strictly construed

A: holding that railroad immunity act should be strictly construed
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Q: (citations omitted). Kaul believes that because the Court did not include seizing cigarettes fi*om Indians inside a reservation on this list, Stephan lacked jurisdiction to execute the search warrant at Kaul’s store. However, we do not read Oklahoma Tax Commission and Colville as necessarily prohibiting state officers from conducting search and seizure operations within a reservation’s borders under the authority of a federal grant of criminal jurisdiction to the state. Instead, these opinions merely offer several options that state officials may employ to enforce regulatory cigarette tax statutes. Here, Kaul waived the argument that the Kansas statute was regulatory in nature because she did not raise that issue below. Thus, for purposes of this appea 3, 2061, 109 L.Ed.2d 693 (1990) (<HOLDING>). Furthermore, the Supreme Court has long held 
 Holding statements: (A) holding that a nonmember who files a civil claim in an indian tribal court consents to tribal jurisdiction (B) recognizing the inherent power of indian tribes  to exercise criminal jurisdiction over all indians (C) holding that indian tribes lack tribal jurisdiction over crimes committed by nonmember indians within the tribes reservation (D) holding that indian tribes could only exercise criminal jurisdiction over tribal members and not other indians (E) holding that an indian tribes exercise of criminal jurisdiction over nonindians is inconsistent with the domesticdependent status of the tribes and that tribes may not assume such jurisdiction without congressional authorization

A: holding that a nonmember who files a civil claim in an indian tribal court consents to tribal jurisdiction
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Q: about all eight incidents and several relevant dates. He also advised Toledo that he was “working on additional information * * * to add [to] and clarify [his] complaint.” J.A. 61. Toledo claims that he never received any further information from Crawford. The Department dismissed Crawford’s complaint on August 7,2012, for a purported failure to contact an EEO Counselor within 45 days of the alleged discriminatory events. Crawford took the optional step of appealing that decision to the EEOC. The EEOC affirmed the dismissal on December 13, 2013. C Three months later, Crawford filed a pro se complaint in the United States District Court for the District of Columbia alleging race discrimination, retaliation, and a hostile work envi . 389, 405-406, 128 S.Ct. 1147, 170 L.Ed.2d 10 (2008) (<HOLDING>). That approach is consistent with how 
 Holding statements: (A) holding in accordance with other circuits that an intake questionnaire may serve as a charge of discrimination if the circumstances of the case demonstrate that the charging party manifested the intent to activate the administrative process (B) holding that based on plain language in box 2 plaintiffs intake questionnaire could not be construed as timely eeoc charge (C) holding that plaintiffs filing with the eeoc constituted a formal charge because the plaintiff attached a statement to the filed intake questionnaire that included a request for the agency to act (D) holding an intake questionnaire to constitute a charge under the adea upon application of the manifestation of intent test although the eeoc did not consider the questionnaire to be a charge and the aggrieved person subsequently filed a formal charge (E) holding that in light of a worksharing agreement between the state agency and the eeoc a charge of discrimination filed with the state agency was properly filed with the eeoc on the same date

A:
holding in accordance with other circuits that an intake questionnaire may serve as a charge of discrimination if the circumstances of the case demonstrate that the charging party manifested the intent to activate the administrative process
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