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.

Ex Input:
Supreme Court rejected Cook’s claim of error on direct appeal, finding that the prosecutor’s comments were not directed at Cook’s decision not to testify, and that the comment about the videotape was invited by Cook’s cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook’s arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant’s Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor’s comment on a defendant’s 
 Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment  forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt

Ex Output:
recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify


Ex Input:
plain error review because he did not object to the admissibility of the reports or to the testimony by Detective Duft about the report. See State v. Parker, 350 N.C. 411, 427, 516 S.E.2d 106, 118 (1999) (plain error is error “so fundamental as to amount to a miscarriage of justice or which probably resulted in the jury reaching a different verdict than it otherwise would have reached.”). Indeed, Defendant never disputed that the material was cocaine. He chose not to defend on that basis, but rather focused on portraying himself as a homeless person making a delivery in exchange for beer and cigarettes. Since the identity of the substance was not challenged, the admission of the laboratory reports was harmless error. See State v. Edwards, - N.C. App. -,-, 621 S.E.2d 333, 337 (2005), (<HOLDING>); State v. Thompson, 110 N.C. App. 217, 225, 
 Holding statements: (A) holding that trial delay for dna testing was attributable to the state but was mere negligence (B) holding that failure to require production of dna testing protocols was harmless beyond a reasonable doubt when the defendant did not dispute that he committed the crimes at issue but rather argued that he was mentally impaired (C) holding that the sixth amendment confrontation clause violation in that case was harmless beyond a reasonable doubt and therefore did not require the conviction to be overturned (D) holding that harmless beyond a reasonable doubt analysis not applicable in habeas cases (E) holding the state failed to meet its burden of showing the erroneous jury instruction was harmless beyond a reasonable doubt where it did not address the issue on appeal

Ex Output:
holding that trial delay for dna testing was attributable to the state but was mere negligence


Ex Input:
such that the name of — U.S. -, 125 S.Ct. 1885, 1895, 161 L.Ed.2d 796 (2005) (“States may not enact laws that burden out-of-state producers or shippers simply to give a competitive advantage to in-state businesses.”). Based on these decisions, he argues that Va.Code 46.2-716 violates the Constitutional prohibition of state laws that discriminate against out of state commerce. The merits of defendant’s negative commerce clause argument are doubtful, given that the Virginia statute, as applied to all vehicles traveling in Virginia, is both reasonable and neither discriminates against interstate commerce, nor results in an unreasonable burden on such commerce. See American Trucking Associations, Inc. v. Michigan Public Service Com’n, — U.S. -, 125 S.Ct. 2419, 2423, 162 L.Ed.2d 407 (2005) (<HOLDING>). In any event, it is unnecessary to reach the 
 Holding statements: (A) holding 18 usc  922o a valid exercise of congressional power under commerce clause (B) holding that michigans imposition of flat 100 annual fee on trucks engaging in intrastate commercial hauling was valid exercise of states police power which did not violate dormant commerce clause (C) holding that state regulations of intrastate wildlife are within dormant commerce clause (D) holding that dormant commerce clause complaint by instate resident against municipality failed on merits because challenged rule regulated evenhandedly and did not burden interstate commerce (E) recognizing that congress had the power to regulate boxcars that traveled exclusively intrastate because of their inherent mobility and connection to interstate commerce it is no objection to such an exertion of commerce clause power that the dangers intended to be avoided arise in whole or in part out of matters connected with intrastate commerce

Ex Output:

holding 18 usc  922o a valid exercise of congressional power under commerce clause