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.
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Question: misconduct “that has affected the grand jury’s charging decision and is brought to the attention of the trial court before the commencement of trial”). The defendant suggests that Benjamin should not be applied retroactively to bar her claim. See Chevron Oil Co. v. Huson, 404 U.S. 97, 106-07, 92 S.Ct. 349, 355, 30 L.Ed.2d 296 (1971) (setting forth a three-part test for determining whether a judicial decision should be applied retroactively). We sympathize with the defendant’s belief that retroactive application of Benjamin to preclude any appeal would “pro duce substantial inequitable results.” Id. at 107, 92 S.Ct. at 355 (quoting Cipriano v. City of Houma, 395 U.S. 701, 706, 89 S.Ct. 1897, 1900, 23 L.Ed.2d 647 (1968)); cf. Gibson v. United States, 781 F.2d 1334, 1339-40 (9th Cir.1986) (<HOLDING>), cert. denied, _ U.S. _, 107 S.Ct. 928, 93 
 Holding statements: (A) holding that a shortened statute of limitations should not be applied retroactively as to bar otherwise valid civil claims (B) holding that annulment of the automatic stay can be retroactively applied to validate proceedings that otherwise would be void (C) holding amendment to statute of limitations was a procedural amendment to be applied retroactively in a medical malpractice case (D) holding statute that extended statute of limitations for certain criminal sexual conduct could not be applied retroactively to a prosecution commenced after the limitations statute in effect at the time of the alleged offense had expired (E) holding generally that new rules of law should not be applied retroactively in habeas corpus cases

Answer: holding that annulment of the automatic stay can be retroactively applied to validate proceedings that otherwise would be void


Question: to Richardson. 6 . In J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), the Supreme Court extended Batson and its progeny to prohibit the exercise of peremptory challenges on the basis of gender. 7 . The Slate also points out that the presiding judge in the instant case is an African American jurist. Judge Green's sensitivity and efforts to seat a constitutional and racially-diverse jury for defendant, is evidenced in the debate over Richardson. Even though the judge originally found the state’s race-neutral reasons as to Richardson valid, he became concerned about the exclusion of African Americans from defendant's jury. However, the judge’s race is not relevant to Batson analysis. See State v. Tilley, 99-0569, p. 8 (La.7/6/00), 767 So.2d 6, 15 (<HOLDING>). 8 . A discussion of the assignments of error 
 Holding statements: (A) holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case (B) 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 (C) recognizing that certain forms of race consciousness do not lead inevitably to impermissible race discrimination (D) holding that custody decision based on race is not justified (E) holding that the race of the prosecutor is irrelevant

Answer: holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case


Question: Id. Only if such a re-opening occurred, could the district court have jurisdiction to review the merits of the Secretary’s determination. The McGowen court stressed that in determining whether a claim is in fact the same claim, the Secretary: ... must in fairness look far enough into the proffered factual and legal support to determine whether it is the same claim, and if so, whether it should nevertheless be re-opened as a discretionary matter. Id. at 67. The McGowen court concluded that where the discussion of the merits is followed by a specific conclusion that the claim is denied on res judicata grounds, the decision should not be interpreted as reopening the claim and is therefore not reviewable. Id. at 68. Cf. Taylor for Peck v. Heckler, 738 F.2d 1112, 1115 (10th Cir. 1984) (<HOLDING>). This case is clearly distinguishable from the 
 Holding statements: (A) holding res judicata inapplicable where previous dismissal was based on lack of jurisdiction (B) holding that this line of cases was not on point and that no error was apparent on the face of the record due to lack of reporters record from defaultjudgment hearing because the judgment reflected that it was based only on the pleadings and affidavits that were in the record (C) holding that application of res judicata requires that a prior adjudication include a ruling on the merits (D) holding the trial court is not required to make specific findings of fact on the record for each wham factor if the record contains sufficient evidentiary support for the finding of lack of good cause (E) holding the alt reopened the case because of extent of review of evidence and evidentiary hearing and explicitly relying on lack of specific ruling on the basis of res judicata and no specific decimation to reopen the decision in the record

Answer:
holding res judicata inapplicable where previous dismissal was based on lack of jurisdiction