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.

to the exercise of discretion by the trial court. Penn s to avoid the appearance of impropriety is a worthy standard for professional conduct, a criminal defendant’s constitutional right to due process does not entitle him to a prosecution free of such appearances. Cf. Cuyler v. Sullivan, 446 U.S. 335, 348, 100 S.Ct. 1708, 1718, 64 L.Ed.2d 333 (1980) (stating that a defendant’s Sixth Amendment right to counsel is not violated when his lawyer has a “possible” or “potential” conflict of interest). Instead, a criminal defendant is denied due process only when his former counsel joins a Commonwealth’s Attorney’s office and is not effectively screened from contact with the Commonwealth’s attorneys who are handling the defendant’s case on a related matter. See Thompson, 246 So.2d at 763 (<HOLDING>); United States v. Goot, 894 F.2d 231, 236-37 
 Holding statements: (A) holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person (B) holding than an attorney who serves as a mediator cannot subsequently represent anyone in a substantially related matter without the consent of the original parties because mediators routinely receive and preserve confidences in much the same manner as an attorney and where the mediator was privy to confidential information the applicable ethical rules impose the same responsibility as the rules relating to any attorneys subsequent representation of a former client (C) holding that defendants right to due process was not violated by the employment of his former counsel in the us attorneys office where the former counsel recused himself and was screened from the prosecution of defendants case (D) holding that an attorney may only undertake to represent a new client against a former client  where there is no confidential information received from the former client that is in any way relevant to representation of the current client (E) holding that a defendants due process rights are violated only if his former lawyer prosecutes him on a matter related to the representation or discloses client confidences to other prosecutors
holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person

“is one that society is prepared to recognize as ‘reasonable’ ”. The constitutional legitimacy of an expectation of privacy is not dependent on the subjective intent of the individual asserting the right but on whether the expectation is reasonable in light of all the surrounding circumstances. Additionally, a determination of whether an expectation of privacy is legitimate or reasonable entails a balancing of interests. Id. 620 A.2d at 1118 (Citations omitted). Here, Mr. Cass obviously meant to keep the contents of his locker private from the public. Mr. Cass’ locker was locked, and this fact would indicate that he meant to keep the contents private. Simply because he did not own the locker does not preclude him from having an actual expectation of privacy. See, Bnmdidge supra (<HOLDING>); Commonwealth v. Gordon, 433 Pa.Super. 157, 
 Holding statements: (A) holding that a dog sniff of the area outside the door of a hotel room is not a search under the fourth amendment or the texas constitution because the dogs sniff does not explore the details of the hotel room and the sniff reveals nothing about the room other than the presence of cocaine in which there is no legitimate privacy interest (B) holding that a hotel guest has a legitimate expectation of privacy in his room during the period of time for which the room is rented (C) holding that an overnight guest has a legitimate expectation of privacy in his hosts home (D) holding that defendant had reasonable expectation of privacy in a hotel room rented by relatives when he had a key to the room and permission to use the room at will (E) holding that a visitor to a hotel room for purposes of distributing drugs failed to establish a reasonable expectation of privacy in the room
holding that a dog sniff of the area outside the door of a hotel room is not a search under the fourth amendment or the texas constitution because the dogs sniff does not explore the details of the hotel room and the sniff reveals nothing about the room other than the presence of cocaine in which there is no legitimate privacy interest

Bruce Lee Scott challenges his 18-year aggravated sentence for second degree murder. His claim is that his Sixth Amendment rights were violated because the trial judge, and not a jury, found statutory aggravating factors and increased his sentence beyond the presumptive one, citing Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The district court denied the petition, holding that Scott had procedurally defaulted on the Apprendi claim under Ariz. R.Crim. P. 32.2(a)(3). 1. The right Scott seeks to invoke was not clearly established until Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), a decision announcing a new constitutional rule of criminal procedure. See Schardt v. Payne, 414 F.3d 1025, 1038 (9th Cir.2005) (<HOLDING>). In Blakely, the Court applied Apprendi to a 
 Holding statements: (A) holding that the act is retroactive (B) holding retroactive application (C) holding that blakely did not apply to a case that was final but not on direct review when blakely was decided and in which the trial court later allowed a belated appeal (D) holding blakely not retroactive (E) holding that the act is not retroactive

holding that the act is retroactive