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.

Q: that may be considered in determining punishment are the subject of article 37.07 of the Texas Code of Criminal Procedure. See Tex.Code CRIM. PROC. Ann. Art. 37.07 (Vernon Supp.2004). This statute authorizes the admission of evidence in the punishment phase of trial as to any matter the court deems relevant to sentencing. Id. The circumstances of the offense are relevant to sentencing and may be considered by the trier of fact in determining the punishment to be assessed. Murphy v. State, 777 S.W.2d 44, 63 (Tex.Crim.App.1989). One circumstance of the offense that may be considered is the degree of injury to the victim so long as the fact finder may rationally attribute moral culpability to the accused for that injury. Stavinoha v. State, 808 S.W.2d 76, 78-79 (Tex.Crim.App.1991) (<HOLDING>); Miller-El v. State, 782 S.W.2d 892, 896 
 Holding statements: (A) holding that sexual assault coercion and harassment certainly may violate contemporary standards of decency and cause physical and psychological harm (B) holding in aggravated sexual assault case that testimony regarding psychological trauma suffered by child victim and its physical manifestations properly admitted (C) holding that psychological conditions resulting from workrelated trauma are compensable (D) recognizing trauma that new trial would likely bring to victim of child sexual assault (E) recognizing the purpose of missouris child victim witness protection law sec 491675 et seq as an attempt to minimize the emotional and psychological trauma to the alleged child victim

A: holding that sexual assault coercion and harassment certainly may violate contemporary standards of decency and cause physical and psychological harm
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Q: claims); see also Stewart, 104 N.M. at 748, 726 P.2d at 1378 (“An insurance policy is a contract and is generally governed by the law of contracts, and the rights and duties of the parties are to be determined by its terms.” (internal quotation marks and citation omitted)). Thus, we held that 8.75% was the proper interest to be assessed on the contract damages. {40} Like the trial court in Teague-Strebeck, the trial court in our case awarded damages based on the insurance contract— $100,000 in UM coverage. See 1999-NMCA-109, ¶¶63-64, 127 N.M. 603, 985 P.2d 1183 (observing that the plaintiff “was awarded the benefit of its bargain, the extent of insurance coverage promised by [the defendant’s agent]”); cf. Ellis v. Cigna Prop. & Cas. Cos., 1999-NMSC-034, ¶1, 128 N.M. 54, 989 P.2d 429 (<HOLDING>). We therefore conclude that 8.75% is the 
 Holding statements: (A) holding that sixyear contract statute of limitations did not apply reasoning that an action to recover damages for personal injuries based on breach of warranty is only nominally based on contract (B) holding that this courts sixyear statute of limitations is jurisdictional (C) holding that sixyear statute of limitations in  65314 is applicable to violations of  7202 (D) recognizing a sixyear statute of limitations on claims filed under the coal act (E) holding that the sixyear statute of limitations on a written contract is applicable to a cause of action based on a um policy

A: holding that sixyear contract statute of limitations did not apply reasoning that an action to recover damages for personal injuries based on breach of warranty is only nominally based on contract
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Q: needed in the practice of Native American religion. Thus, our reasoning for upholding IDOC’s tobacco ban does not extend to a ban on smoking non-tobacco elements in a religious setting. Relatedly, concerns over the impact of smoke on other inmates and the presence of fire inside the institution could be significantly addressed by simply directing that the ceremonies be conducted outside in the exercise yard. Although IMSI officials expressed concern about the presence of fire and smoke, testimony indicated that the fire marshal was never consulted about the possible alternative of conducting the ceremony outdoors. See e.g., Skenandore v. Endicott, 2006 WL 2587545 (E.D.Wis.) (disallowing smudging in cells, but allowing it outside); Greybuffalo v. Frank, 2003 WL 23211615 (W.D.Wis.) (<HOLDING>). Finally, in regard to concerns about safety 
 Holding statements: (A) holding seizure of arrestees cell phone lawful but finding the fourth amendment requires a warrant to perform a forensic search of the lawfully seized cell phone (B) holding that warrantless searches of cell phones incident to arrest should not be allowed because such searches cannot be justified by officer safety or the preservation of evidence given the privacy implications inherent in cell phone data searches (C) holding that disallowing smudging in ones cell was not a substantial burden where smudging was allowed elsewhere (D) holding the defendant lacked any expectation of privacy in his cell so the jailer had the right to inspect anything in his cell (E) holding no eighth amendment violation where prisoner was placed in a strip cell without clothes the water in the cell was turned off and the mattress removed and prisoners bedding clothing legal mail and hygienic supplies were withheld

A:
holding seizure of arrestees cell phone lawful but finding the fourth amendment requires a warrant to perform a forensic search of the lawfully seized cell phone
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