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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Input: Consider Input: an alcohol concentration of .22. The Commissioner of Public Safety revoked Gergen’s driving privileges, and the district court affirmed. ISSUES 1. Where a district court determines that a person arrested for driving while intoxicated did not make a good faith effort to contact an attorney, is the driver’s right to counsel vindicated even though the telephone provided by the arresting officer is blocked from dialing 800-numbers? 2. Did the police officer violate Minn.Stat. § 481.10? ANALYSIS I. A person arrested for driving while intoxicated (DWI) has a limited right to consult an attorney before deciding whether to submit to chemical testing, provided the consultation does not unreasonably delay the testing. Friedman v. Commissioner of Pub. Safety, 473 N.W.2d 828, 835 (Minn.1991) (<HOLDING>); see Minn. Const. art. I, § 6 (“In all 
 Holding statements: (A) holding that there is no constitutional right to refuse chemical testing under the implied consent law (B) holding that the implied consent warning given to the defendant was not misleading or coercive because the validity of the implied consent notice is not contingent upon other administrative aspects of ocga  405671 (C) holding that officers not required to give implied consent warnings where statute did not apply (D) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (E) holding that right to counsel under implied consent statute is limited because of the evanescent nature of alcohol

Output: (E)


Input: Consider Input: Accordingly, the second Olano prong is satisfied: the error, both as to the absence of a jury determination on an essential element of the offense and the failure to include that element in the indictment, was indeed “plain.” c. Did the plain error affect Thomas’s substantial rights? An error affects a defendant’s “substantial rights” if it is “prejudicial” and it “affected the outcome of the district court proceedings.” Gore, 154 F.3d at 47. “Though ‘prejudice’ is also required to show that an error is not ‘harmless,’ pursuant to Fed.R.Crim.P. 52(a), the important difference of plain error prejudice [in most cases] is that ‘[i]t is the defendant rather than the Government who bears the burden of pers , 2001), with United States v. Vazquez, 271 F.3d 93, 100-01 3d Cir. (2001) (en banc) (<HOLDING>), and United States v. Terry, 240 F.3d 65, 
 Holding statements: (A) holding that any error was harmless and thus not plain error (B) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (C) holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed (D) holding at the governments urging that a similar error was an error in both the trial and sentencing (E) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error

Output: (D)


Input: Consider Input: to Richardson. 6 . In J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), the Supreme Court extended Batson and its progeny to prohibit the exercise of peremptory challenges on the basis of gender. 7 . The Slate also points out that the presiding judge in the instant case is an African American jurist. Judge Green's sensitivity and efforts to seat a constitutional and racially-diverse jury for defendant, is evidenced in the debate over Richardson. Even though the judge originally found the state’s race-neutral reasons as to Richardson valid, he became concerned about the exclusion of African Americans from defendant's jury. However, the judge’s race is not relevant to Batson analysis. See State v. Tilley, 99-0569, p. 8 (La.7/6/00), 767 So.2d 6, 15 (<HOLDING>). 8 . A discussion of the assignments of error 
 Holding statements: (A) holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case (B) holding that a criminal defendant can bring a third party challenge to the peremptory striking of jurors based on race whether or not he is of the same race as the jurors who are struck (C) recognizing that certain forms of race consciousness do not lead inevitably to impermissible race discrimination (D) holding that custody decision based on race is not justified (E) holding that the race of the prosecutor is irrelevant


Output: (E)