instruction:
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.
question:
from the publisher. The United States Supreme Court has held that a New York City correctional facility rule prohibiting the receipt of hardcover books unless mailed directly from publishers, book clubs, or bookstores is constitutional. Bell v. Wolfish, 441 U.S. 520, 550, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979). The correctional facility argued the rule was designed to promote security and order at the facility. Id. at 544, 99 S.Ct. 1861. The Supreme Court agreed, stating this “limited restriction is a rational response by prison officials to an obvious security problem.” Id. at 550, 99 S.Ct. 1861. The Court agreed that hardcover books were especially convenient tools for smuggling contraband such as money, drugs, and weapons into a correctional facility and that these books are (<HOLDING>); Prison Legal News v. Lehman, 272 F.Supp.2d 
 Holding statements: (A) holding that prison regulations impinging on prisoners constitutional rights are only valid where reasonably related to legitimate penological interests (B) holding that prison administration may infringe upon prisoners first amendment rights as long as the infringement is reasonably related to legitimate penological interest (C) holding that prison conditions are those aspects of prison life affecting the entire prison population (D) holding a publisheronly rule was constitutional because prison administrators are accorded deference and rule was reasonably related to the penological interest of maintaining internal prison security (E) holding that when a prison regulation impinges on inmates constitutional rights the regulation is valid if it is reasonably related to legitimate penological interests
answer:
holding that prison regulations impinging on prisoners constitutional rights are only valid where reasonably related to legitimate penological interests


question:
comprehensive plan nor its land use regulations prohibited the development of so-called non-jurisdictional wetlands. On August 17 or 18, 2006, Rish began to clear and fill his property. The neighbors, including Johnson, protested to the County, but to no avail. On August 21, 2006, these parties filed a complaint seeking in-junctive relief alleging that the clearing violated Gulf County’s comprehensive plan because it failed to maintain a 50-foot buffer for the wetlands. The neighbors alleged standing under section 163.3215(3), Florida Statutes (2006). The trial court dismissed the complaint ruling that Johnson and the other neighbors did not possess standing to seek relief under section 163.3215. This court reversed. Johnson v. Gulf County et al., 965 So.2d 298 (Fla. 1st DCA 2007) (<HOLDING>). Throughout this litigation, Rish proceeded to 
 Holding statements: (A) holding that the trial court had abused its discretion in dismissing the case without allowing appellants an opportunity to amend (B) holding trial court abused its discretion when it struck the appellants intervention (C) recognizing that although leave to amend generally should be freely granted that decision is left to the district courts discretion and as in the present case not only was there no abuse of discretion it appears that appellants never properly requested an opportunity to amend in the district court (D) holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint (E) holding that the trial court abused its discretion by allowing expert testimony that directly linked the characteristics of sexually abused children to the complainants in this case
answer:
holding trial court abused its discretion when it struck the appellants intervention


question:
trial court told Kaylor that he was entitled, as a matter of law, to receive credit for the time served on his first offender sentence, and that the Department of Corrections controlled that calculation. On the resentencing forms, the court included the abbreviation “CTS,” which meant credit for time served when construed consistently with the trial court’s oral pronouncement of the sentence. Although Kaylor argues that the resentencing form also contained the phrase “above and beyond,” which has been disapproved of in some contexts, the court’s statements at the resentencing hearing sufficiently explained that Kaylor would receive credit for time previously served, and that the 20-year sentence was not in addition to the time previously served. See Roland, supra, 273 Ga. at 859 (2) (<HOLDING>). Compare McKinney v. State, 240 Ga. App. 812, 
 Holding statements: (A) holding that the trial court is required to enter sentencing order for probation violation that reflects the trial courts oral pronouncement that gives the defendant prison credit for time served on a split sentence prior to sentencing (B) holding that trial court was required to give full effect to supreme courts judgment and that by failing to do so the trial court abused its discretion (C) recognizing that the state is entitled to prove all of the relevant ci t argues that the trial court erred by admitting the victims hearsay statements through the testimony of her children and of melvin gaither and through the admission of exhibit sixtyone the victims application for an order of protectiona hearsay statement is defined as a statement other than one made by the declarant while testifying at the trial or hearing offered in evidence to prove the truth of the matter asserted tenn r evid 801c as a general rule a hearsay statement is not admissible unless it falls within one of the exceptions to the hearsay rule tenn r evid 802 the following standards define our review of the trial courts rulings on the admissibility of hearsayinitially the trial court must determine whether the statement is hearsay if the statement is hearsay then the trial court must next determine whether the hearsay statement fits within one of the exceptions to answer these questions the trial court may need to receive evidence and hear testimony when the trial court makes factual findings and credibility determinations in the course of ruling on an evidentiary motion these factual and credibility findings are binding on a reviewing court unless the evidence in the record preponderates against them once the trial court has made its factual findings the next questionswhether the facts prove that the statement 1 was hearsay and 2 fits under one of the exceptions to the hearsay ruleare questions of law subject to de novo reviewif a statement is hearsay but does not fit one of the exceptions it is inadmissible and the court must exclude the statement but if a hearsay statement does fit under one of the exceptions the trial court may not use the hearsay rule to suppress the statement however the statement may otherwise run afoul of another rule of evidence  if a trial court excludes otherwise admissible hearsay on the basis of rule 401 402 or 403 this determination is reviewed for abuse of discretionkendrick v state 454 sw3d 450 47980 tenn 2015 citations omitted see also state v howard 504 sw3d 260 27576 tenn 2016 we now apply these principles to evaluate each of the defendants challenges to the trial courts evidentiary rulings1 admission of the testimony of the childrenthe trial court permitted each of the children to testify about hearing the victim tell the defendant that she was going to call the police concluding that this testimony was nonhearsay offered to show the effect the victims statements had on the defendant not the truth of the victims statements that she planned to call the police the court of criminal appeals affirmed the trial courts decision hawkins 2015 wl 5169157 at 18 and we do as wellthe childrens testimony regarding the victims threats to call the police was offered to establish the effect the victims statements had on the defendant and to establish the defendant murdered her because he believed she planned to call the police this testimony was not offered to establish the truth of the victims threats as a result the childrens testimony about the victims statements was properly admitted as nonhearsay see state v venable 606 sw2d 298 301 tenn crim app 1980 clearly the statement was probative not as proof of the matter asserted therein but because of its effect on the hearer in this case the defendant supplying evidence of his motive in returning to the service station later in the day armed and threatening to kill the declarant  see generally neil p cohen et al tennessee law of evidence  8017 6th ed 2011 hereinafter tennessee law of evidence discussing nonhearsay declarations offered to prove the effect on the listener2 testimony of melvin gaitherthe trial court also allowed melvin gaither to testify about the victims statements to him concerning her fear of the defendant the trial court ruled that the victims statements were hearsayoffered for the truth of the matter asserted thereinbut admissible pursuant to the state of mind exception to the hearsay rule tenn r evid 8033 the court of criminal appeals affirmed hawkins 2015 wl 5169157 at 19 and we agree that this evidence was properly admittedthe state of mind exception authorizes the admission of a hearsay statementof the declarants then existing state of mind emotion sensation or physical conditions such as intent plan motive design mental feeling pain and bodily health but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution revocation identification or terms of declarants willtenn r evid 8033 here the defendant initially told the police that the victim left home in anger following an argument with him later the defendant admitted the victim had been murdered but claimed that kt had murdered her after kt and the victim argued the defendant maintained that he had not participated in the murder at all and had only assisted kt in covering up the crime and dismembering and disposing of the victims body the defendant never recanted his statement implicating kt and denying his own involvement in the victims murder the defendants statements placed at issue the victims mental state at the time of her murder the state was entitled to establish that the victim feared the defendant not kt at the time of her murder see smith 868 sw2d at 573 ruling that the victims hearsay statements expressing fear of the defendant were admissible under the state of mind exception and relevant to reveal the falsehood of the defendants statement to the police indicating that he and his wife the victim were reconciling state v trusty 326 sw3d 582 603 tenn crim app 2010 given the proof of the onagain offagain nature of the victims relationship with the defendant we conclude that the statements she made shortly before her death about her fear of the defendant were relevant and admissible under the state of mind exception to show not only her state of mind at thetime she uttered the statements but also her probable mental state and behavior at the time of her death   the trial court did not err by admitting mr gaithers testimony about the victims statements pursuant to the state of mind hearsay exception3 application for order of protectionthe defendant next challenges the trial courts admission of the victims january 15 2008 application for an order or protection the application was admitted as exhibit sixtyone through the testimony of deborah coffman a counselor and records keeper for citizens dispute a shelby county government agency that assists persons in completing the application process for orders of protection the victims application included the following statementsthe defendant had the impression that he would be moving with me and my three children when he realized he was not moving he became violent pulling my hair and hit me on my right cheek jaw with his fist he was telling my twelve year old daughter to lock herself in the bathroom and to tell the police that i pulled her hair abused her he was not arrested for his violencehe wants my twelve year old daughter to be around him often sleep with him and she has changed telling lies and disrespectful i hope he hasnt molested her he says no and she says no but both have lied so im just trying to protect me and the childreni dont want him around me or my children i dont trust himthe application also included the victims statement that the defendant had told her she was wrong for taking kt from him and that he could get the victim without  even having to touch her because he could get somebody else to get the victimthe trial court admitted the application pursuant to the forfeiture by wrongdoing exception to the hearsay rule explainingand im finding just so well all understand their relationship had deteriorated to such a point the victim and the defendant that at this point i think the recordthat the state has shown by a preponderance of the evidence from this hearing that the reason for the killing the motive for the killing would be to stop her from prosecuting him for things against her and her child because shes here talking about harassing phone calls and things like that so i think tennessee rule of evidence 8046 is going to apply to this case to that extentthe court of criminal appeals affirmed the trial courts ruling hawkins 2015 wl 5169157 at 19 we also affirm the trial courts rulingthe forfeiture by wrongdoing exception authorizes the admission of a hearsay statement against a party that has engaged in wrongdoing that was intended to and did procure the unavailability of the declarant as a witness tenn r evid 804b6 before admitting a hearsay statement under this exception the trial court must conduct a juryout hearing and determine that a preponderance of the evidence establishes 1 (D) holding that notwithstanding the above and beyond language on the disposition form the discussion at resentencing revealed that the trial court understood its obligation to and its intent to give the defendant credit for time served (E) holding that the time to disposition is more important than time to trial
answer:

holding that the trial court is required to enter sentencing order for probation violation that reflects the trial courts oral pronouncement that gives the defendant prison credit for time served on a split sentence prior to sentencing