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.

Example Input: include the element that elevates the crime to a higher level.” As we noted in State v. Bean, 153 N.H. 380 (2006), “[i]n Glanville, the State, although not required to do so under Johnson, attempted to charge the defendant with a specific variant of the crime allegedly attempted, but failed to accurately set forth that variant in the indictment.” Bean, 153 N.H. at 384; see Johnson, 144 N.H. at 178. Indeed, Glanville recognized that all that was required “[t]o charge the defendant with attempted armed robbery, class A felony, [was for] the indictment ... to allege that the defendant (1) with a purpose to commit armed robbery, (2) committed acts constituting a substantial step toward the commission of that crime.” Glanville, 145 N.H. at 634 (emphasis added); cf. Casanova, 164 N.H. at 566 (<HOLDING>). Accordingly, the indictment in this case 
 Holding statements: (A) holding that because statutory variants of an underlying crime are not elements of an attempt to commit the underlying crime jurors are not required to unanimously find which specific statutory variant the defendant intended to commit it is sufficient that they unanimously conclude that the defendant intended to commit any of the applicable statutory variants (B) holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred (C) holding that firstdegree murder is one crime although the defendant can commit the crime in several ways (D) recognizing that entrapment is a statutory defense rooted in the notion that congress could not have intended to criminally punish those who commit elements of crime but are induced by the government to commit the acts and that outrageous conduct defense is rooted in constitutional law (E) holding that an individual cannot attempt to commit murder of the second or third degree because the crime of attempt is a specific intent crime and an attempt to commit second or third degree murder would require proof that the individual intended to perpetrate an unintentional killing which is logically impossible
Example Output: holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred

Example Input: the Bond offering because they underwrote the transaction and sold the Bonds to investors, either directly or through their brokers. Indeed, given the role of underwriters generally, Baird, Jones, and Stern “had a duty to make an to speak, they knew investors might rely on the statements made. The law firms’ duty, however, must also be considered in light of the services they were retained to perform. Because Kutak and Stinson were not hired to opine on the feasibility of the Event Center, they cannot have been held to a duty to investigate or determine whether the financial projections were realistic unless these firms otherwise became involved in the making, preparing, or drafting of those projections. See N.Y. City Emps.’ Ret. Sys. v. Berry, 616 F.Supp.2d 987, 994 (N.D.Cal.2009) (<HOLDING>). Similarly, to the extent the law firms 
 Holding statements: (A) holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the  3553a factors or to discuss each of the  3553a factors (B) holding that substantial participation requires particular facts relating to each djefendants specific role in the preparation of each of the allegedly misleading statements (C) recognizing that questions of changed conditions and the amount of child support must be resolved on the particular facts of each case (D) holding that district court must conduct individualized assessment based on particular facts of each case (E) holding that the issue of waiver requires an analysis of the specific facts in each case
Example Output: holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the  3553a factors or to discuss each of the  3553a factors

Example Input: judge erred when he changed his mind as to the admissibility of the shed statement. She contends she was entitled to rely upon the inadmissibility of this evidence and that the district court violated her due process rights in changing its ruling one week before trial without granting her request for a continuance. The State argues that due process does not prevent a trial court from changing a pretrial ruling on the admissibility of evidence and that a decision to grant or deny a continuance rests within the sound discretion of the trial court, which discretion was not abused in this case. “The Due Process Clause guarantees every defendant the right to a trial comporting with basic tenets of fundamental fairness.” State v. Pearce, 146 Idaho 241, 248, 192 P.3d 1065, 1072 (2008) (<HOLDING>). However, “[a]ny error, defect, irregularity 
 Holding statements: (A) holding that it is improper to ask a witness to comment on the credibility of another witness (B) recognizing the purpose of crossexamination is to enlighten the jury as to whether the witness actuallyas a matter of fact knows the general reputation of the defendant and to place the jury in a better position to pass upon the credibility of the witness testimony (C) holding that a trial witnesss testimony as to the credibility of another witness was prejudicial error (D) holding no due process violation where the state took one position regarding the credibility of a witness during the trial against defendant and changed its position in a subsequent trial of another defendant involved in the underlying crime (E) holding that section 90403 florida statutes did not preclude testimony that a critical state witness knew that the defendant had previously murdered a child when the credibility of the witness was at issue due to his failure initially to fully cooperate with law enforcement officers investigating the crime for which the defendant was on trial
Example Output:
holding that it is improper to ask a witness to comment on the credibility of another witness