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.

Input: Consider Input: S.Ct. 1215, 43 L.Ed.2d 570 (1975).” Peters v. Narick, 165 W.Va. 622, 628 n. 13, 270 S.E.2d 760, 768 n. 13 (1980). This Court has determined repeatedly that the West Virginia Constitution may be more protective of individual rights than its federal counterpart. See, e.g., State v. Bonham, 173 W.Va. 416, 317 S.E.2d 5 Daley, 174 W.Va. 299, 324 S.E.2d 713 (1984) (state constitution compels striking limitation on soliciting after sunset even if federal constitution does not); Woodruff v. Board of Trustees of Cabell Huntington Hospital, 173 W.Va. 604, 611, 319 S.E.2d 372, 379 (1984) (Article III, § 1 "more stringent in its limitation on waiver [of fundamental rights] than is the federal constitution”); Pushinsky v. West Virginia Board of Law Examiners, 164 W.Va. 736, 266 S.E.2d 444 (1980) (<HOLDING>); Pauley v. Kelly, 162 W.Va. 672, 707, 255 
 Holding statements: (A) recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution (B) recognizing that state constitution imposes more stringent limitations on power of state to inquire into lawful associations and speech than those imposed by federal constitution (C) recognizing exception under state constitution (D) holding that appellate court assumes appellant claims no greater protection under state constitution than that provided by federal constitution when state and federal claims not briefed separately (E) holding missouri constitution requires stricter separation of church and state than does federal constitution

Output: recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution


Input: Consider Input: (applying Tennessee law); see also Kerr v. Coming Glass Works, 284 Minn. 115, 169 N.W.2d 587, 589 (1969). Most other courts, however, have set a lower bar. For example in Mondido v. Cory Corp., 483 F.Supp. 26 (E.D.N.Y. 1979), the plaintiff was injured when the glass carafe from her coffee pot broke. The carafe itself was manufactured by Corning, but it was converted into a coffee decanter and sold by Cory, a separate company. Id. at 27. After both companies were found liable, Corning moved for judgment notwithstanding the verdict arguing that the plaintiff failed to produce evidence sufficient to support the jury’s determination that the carafe was defective when it left Coming’s plant. Id. The court rejected the motion, noting the plaintiffs evidence that Cory converted the 1967) (<HOLDING>); Escola v. Coca Cola Bottling Co. of Fresno, 
 Holding statements: (A) holding that the trial court properly failed to instruct the jury on voluntary intoxication and manslaughter where there was no evidence that the appellant was intoxicated at the time of the offense although there was evidence that the appellant had been drinking beer on the day of the offense where there was no evidence concerning the quantity of beer he had consumed (B) holding that plaintiff had successfully traced the defective condition to the manufacturer where there was no evidence of tampering by the retailer (C) holding that manufacturer had no duty to warn its purchasers retailer and transporter of gas of dangers where those purchasers had operated a gas business for years were familiar with the trade journals and already knew the dangers (D) holding that there was a triable issue of fact whether a defendant who applied a sprayon fireproofing material was an agent for the manufacturer of the material and thus whether plaintiff is in privity with the manufacturer (E) holding a manufacturer strictly liable in tort for injury to plaintiff caused by defective power tool

Output: holding that the trial court properly failed to instruct the jury on voluntary intoxication and manslaughter where there was no evidence that the appellant was intoxicated at the time of the offense although there was evidence that the appellant had been drinking beer on the day of the offense where there was no evidence concerning the quantity of beer he had consumed


Input: Consider Input: favor.” Cabaccang, 332 F.3d at 635 (quotation marks omitted). After considering the text, structure, history and purpose of the statute, we are left with “a grievous ambiguity or uncertainty in the statute.” Barber, 130 S.Ct. at 2508-09(inter-nal quotation marks omitted). The ambiguity in the statute is particularly highlighted when contrasting the two separate interpretations offered by the government and the dissent. The dissent claims that supervised released never commenced so there is nothing to stay while the government claims the stay kicks in upon certification but is somehow lifted once commitment is ordered. Both of these approaches cannot be correct nor can they be squared with our interpretation which endeavors to reconcile all three of the relevant statutes. See id. (<HOLDING>) (internal quotation marks and citation 
 Holding statements: (A) holding that the rule of lenity applies only if the provision being construed is still ambiguous after the application of normal rules of construction (B) recognizing that the rule of lenity only applies if after considering text structure history and purpose there remains a grievous ambiguity or uncertainty in the statute such that the court must simply guess as to what congress intended (C) holding that the rule of lenity applies to sentencing guidelines (D) recognizing that the rule of lenity applies only after courts exhaust all other evidence of congressional meaning (E) holding that the rule of lenity ensures fair warning by so resolving ambiguity in a criminal statute as to apply it only to conduct clearly covered


Output: holding that the rule of lenity applies only if the provision being construed is still ambiguous after the application of normal rules of construction