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.

Example Input: The State, by contrast, argues that because the court’s summary denial of Pinholster’s claim was an adjudication on the merits, we apply the usual deference required by AEDPA. Under our precedent, the California Supreme Court’s denial of Pinholster’s petition for writ of habeas corpus “on the substantive ground that it is without merit,” Pinholster II, 525 F.3d at 754, constitutes a decision on the merits of his federal claim. See Hunter v. Aispuro, 982 F.2d 344, 347-48 (9th Cir.1992) (noting that “the California Supreme Court’s denial of a habeas petition without comment or citation constituted a decision on the merits of the federal claims” (citing Harris v. Superior Court, 500 F.2d 1124, 1127-29 (9th Cir. 1974) (en banc))); Gaston v. Palmer, 417 F.3d 1030, 1038 (9th Cir.2005) (<HOLDING>). The Supreme Court has not addressed the 
 Holding statements: (A) recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted (B) holding that we must first determine our jurisdiction before proceeding to the merits of the appeal (C) holding that either the district court or the court of appeals must issue a certificate of appealability on both the merits and the procedural bar before we can consider the merits of a claim that the district court held to be procedurally barred (D) recognizing that we construe postcard denials such as these to be decisions on the merits citing hunter 982 f2d at 348 (E) recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court
Example Output: (D)

Example Input: of death which does not meet these requirements is voidable by the donor (if he recovers) or his personal representative. Hulley v. Chedic, 22 Nev. 127,146, 36 P. 783 (1894). In other words, a gift in contemplation of death'is presumptively voidable by the personal representative of the deceased, and the presumption may be rebutted by the donee with clear and convincing evidence of the six elements listed above. Although Goldsworthy and Hulley are the only Nevada cases ever to have examined the gift causa mortis doctrine, and they have never been overruled, at least one Nevada case has suggested (in a different context) that the burden of proof may not be on the donee. North Arlington Medical Building, Inc. v. Sanchez Construction Company, 86 Nev. 515, 521, 471 P.2d 240, 244 (Nev.1970) (<HOLDING>). North Arlington is not really on point, 
 Holding statements: (A) holding a sentence within the advisory guidelines range is presumptively reasonable (B) holding that inter vivos gift to minor is presumptively effective under nrs 167040 (C) holding that the purpose of nrs 1760551 is to ensure that all time served is credited towards a defendants ultimate sentence (D) holding that belowguidelines sentence is presumptively reasonable (E) holding a delay approaching one year is presumptively unreasonable
Example Output: (B)

Example Input: District explained in a unanimous en banc opinion: [T]he more prudent approach is to allow trial judges, in their discretion, to qualify psychologists and neuropsychologists to testify on causation as any other expert would be qualified to testify in his or her area of expertise. A psychologist’s or neuropsychologist’s competency to give an opinion will be subject only to the limitations imposed by 90.702, Florida Statutes. Broward County Sch. Bd. v. Cruz, 761 So.2d 388, 395 (Fla. 4th DCA 2000), approved, 800 So.2d 213 (Fla.2001). I agree with Cruz and would adopt this approach. As noted by Cruz, the majority of courts in this country have rejected the bright-line rule used in DeSerio. See, e.g., Huntoon v. T.C.I. Cablevision of Colorado, Inc., 969 P.2d 681, 689 (Colo.1998) (en banc) (<HOLDING>); Hutchison v. Am. Family Mut. Ins. Co., 514 
 Holding statements: (A) holding that constructive amendments which are per se reversible under harmless error analysis are also per se reversible under plain error analysis (B) holding a juveniles request to speak to a probation officer is not a per se invocation of fifth amendment rights (C) holding that violation of state law was not a per se constitutional violation (D) holding such agreements to be per se illegal (E) holding that neuropsychologists are not per se unqualified to speak on the causation of organic brain injury
Example Output:
(E)