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.

Q: trial court’s judgment wherein the appellant was sentenced to a loss of liberty”).’ ““““Berry v. State, 630 So.2d 127, 130 (Ala.Crim.App.1993) (footnote omitted). See also Custis v. United States, 511 U.S. 485, 494, 114 S.Ct. 1732, 128 L.Ed.2d 517 (1994) (‘ “If the accused ... is not represented by counsel and has not competently and intelligently waived his constitutional right, the Sixth Amendment stands as a jurisdictional bar to a valid conviction and sentence depriving him of his life or his liberty.... The judgment of conviction pronounced by a court without jurisdiction is void, and one imprisoned thereunder may obtain release by habeas corpus.” ’) (quoting Johnson v. Zerbst, 304 U.S. 458, 468, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938)); Weakley v. State, 721 So.2d 235, 236 (Ala.1998) (<HOLDING>).” “““Thus it is the lack of counsel, coupled 
 Holding statements: (A) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (B) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (C) recognizing the right to counsel on appeal (D) holding that the statutory right to counsel at a civil commitment hearing implicitly includes the right to the effective assistance of that counsel (E) holding that the right to counsel at arraignment is a jurisdictional matter

A: (E)
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Q: )4 mile away. Fifth, also at this time, a vehicle registered to Nelson pulled in and parked next to Miller’s car. Sixth, the note at the boat ramp informed Kaplan that he was being watched. Seventh, Miller and Nelson both left the lake at the same time Kaplan left. Eighth, Nelson arrived at the same McDonald’s immediately after Kaplan arrived. Ninth, a passenger from Nelson’s car approached Kaplan’s vehicle and peered into Kaplan’s vehicle from a distance of 10 feet away. Tenth, Nelson drove home from the McDonald’s using what would normally be described as counter-surveillance techniques. Finally, Miller changed his story as to why he was at the lake that day at that time. See Iannelli v. United States, 420 U.S. 770, 777 n. 10, 95 S.Ct. 1284, 1289-90, 43 L.Ed.2d 616 (1975) (<HOLDING>); United States v. Penagos, 823 F.2d 346, 348 
 Holding statements: (A) holding that an agreement may be inferred entirely from circumstantial evidence (B) holding that the conspiratorial agreement may be proved by circumstantial evidence including the acts and conduct of the coconspirators and the inferences that may be drawn from their acts (C) holding that intent and knowledge can be proved by circumstantial evidence (D) recognizing that identity of a substance as cocaine may be proved by circumstantial evidence (E) holding that there was no evidence or inferences to be drawn from the evidence to support the damage award

A: (B)
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Q: or an agent or employee of the employer for the death of or a work-related injury sustained by the employee.” Tex. Lab. Code Ann. § 408.001(a) (West 2015). The entity with the "right to control” the employee at the time of an accident is the "employer” for workers’ compensation purposes. See Archem v. Austin Indus., Inc., 804 S,W.2d 268, 269 (Tex.App.—Houston [1st Dist.] 1991, no writ). The concept of joint control shared by dual or co-employers has been found applicable in workers’ compensation insurance cases. See Port Elevator-Brownsville v. Casados, 358 S.W.3d 238, 242 (Tex.2012) (concluding employee of staffing company was covered by both temporary employer's and staffing company's workers’ compensation insurance); Wingfoot Enters. v. Alvarado, 111 S.W.3d 134, 143 (Tex.2003) (<HOLDING>); Brown v. Aztec Rig Equip., Inc., 921 S.W.2d 
 Holding statements: (A) holding that exclusiveremedy provision applied to both temporary staffing company and client company (B) holding owner of company qualified as an employer due to inter alia his authority to hire and fire employees and overall financial control of company (C) holding that trial court erred in granting ex parte temporary injunction prohibiting marketing activities of defendant company because there had been no showing that plaintiff company would likely suffer irreparable harm or lacked an adequate remedy at law (D) holding that plaintiffs failure to mention vice president of thirdparty company in initial disclosures was harmless because plaintiffs mentioned president of company and defendants conducted no discovery of company (E) holding that a limited liability company is a citizen of any state of which a member of the company is a citizen

A:
(A)
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