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.

aff'd, 683 So.2d 1042 (Ala.1996), cert. denied, 520 U.S. 1171, 117 S.Ct. 1438, 137 L.Ed.2d 545 (1997), quoting Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990). In Brooks v. State, 695 So.2d 176 (Ala.Cr.App.1996), aff'd, 695 So.2d 184 (Ala.), cert. denied, 522 U.S. 893, 118 S.Ct. 233, 139 L.Ed.2d 164 (1997), this Court stated: “[A] prosecutor has the right to indicate to the jury those parts of the evidence or testimony presented by the State that the defense has failed to contradict; that process is not an infringement of the defendant’s Fifth Amendment privilege against self-incrimination. Duncan v. Stynchcombe, 704 F.2d 1213, 1215-16 (11th Cir.1983); Ex parte McWilliams, 640 So.2d 1015 (Ala.1993); Griffin v. State, 393 So.2d 523, 528 (Ala.Cr.App.1981).” 695 So.2d at 180 (<HOLDING>). “ ‘ “A prosecutor’s statement that the 
 Holding statements: (A) holding that it was permissible for prosecutor to comment on the general failure of the defense to produce any evidence (B) recognizing the right of a defendant to comment upon the failure of the state to produce evidence (C) holding that comment by prosecutor in closing argument that defense counsel did not produce evidence of the defendants innocence was not a comment on the defendants failure to testify (D) holding the prosecutors statements were not an inappropriate comment on the defendants failure to testify but rather a comment on the defendants failure to present convincing evidence to support his defense (E) holding a prosecutor may not comment on a defendants silence
holding that it was permissible for prosecutor to comment on the general failure of the defense to produce any evidence

inquiry — • whether New Provo Canyon’s treatment of one individual constituted state action — differs substantially from that in Milonas, irrespective of whether, for purposes of a class action suit, Old Provo Canyon’s treatment of its patients generally constituted state action. Thus, the question here does not present the necessary “like facts” to trigger the stare decisis doctrine. D. Collateral Estoppel For the very same reason, Taylor’s collateral estoppel argument fails. Collateral esto Jones, 29 F.3d at 1553; Colonial Leasing Co. of New England v. Logistics Control Group, 762 F.2d 454 (5th Cir.1985) (discussed below). 13 . Jones, 29 F.3d at 1553-54; Lib. Mut. Ins., 969 F.2d at 1388-89; Holloway, 813 F.2d at 878-79; see also Nipper v. Snipes, 1 F.3d 415, 415-417 (4th Cir.1993) (<HOLDING>). 14 . Id. at 1553; see also Lib. Mut. Ins., 
 Holding statements: (A) holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint (B) holding the trial court had abused its discretion in admitting several photographs of a murder victims body (C) holding that the issue was more appropriately framed as whether the trial court abused its discretion by admitting the evidence at trial (D) holding juvenile court did not abuse its discretion in admitting expert testimony (E) holding district court abused its discretion in admitting state court findings of fact
holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint

Therefore, we will construe Plautz’s ADA claim as a Rehabilitation Act claim. There is no significant difference between the substantive standards of the ADA and the Rehabilitation Act as they relate to this case. The Rehabilitation Act expressly provides: “The standards used to determine whether this section has been violated in a complaint alleging nonaffirmative action employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12111 et seq.) and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12201-12204 and 12210), as such sections relate to employment.” 29 U.S.C. § 791(g)(1999). See also Calero-Cerezo, 355 F.3d at 11 (<HOLDING>). Therefore construing the ADA claim as a 
 Holding statements: (A) holding that the same standards apply to claims under the ada and under the rehabilitation act (B) holding that neither the ada nor the rehabilitation act applies to prison employment (C) holding the ada and the rehabilitation act applicable (D) recognizing standards to determine discrimination are the same under the ra and the ada (E) holding that exemption under the ada does not preclude liability under the rehabilitation act

holding that neither the ada nor the rehabilitation act applies to prison employment