instruction:
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.
question:
and seeking to dismiss the four new claims asserted against them in the amended complaint. Also on January 8, 2010, Wells Fargo filed a supplemental motion to dismiss [26], addressing the new claims against it and renewing its request that all counts be dismissed. II. Discussion The Court must determine whether: (1) Giscombe eliminated the deficiencies of his previous shotgun pleading, and (2) if so, whether the complaint should be dismissed for the other reasons asserted by ABN, Citimortgage, and Wells Fargo in their motions to dismiss. A. Legal Standard The sufficiency of Giscombe’s amended complaint depends on whether it is a shotgun pleading; if so, it will fall short of the pleading requirements of Fed.R.Civ.P. 8. Magluta v. Samples, 256 F.3d 1282, 1284-85 (11th Cir.2001) (<HOLDING>). The defining characteristic of a shotgun 
 Holding statements: (A) recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure (B) holding that under leatherman a federal court may not apply a pleading requirement more stringent than that provided for in the federal rules of civil procedure even in  1983 litigation (C) holding that discovery under the federal rules of civil procedure is broad in scope and freely permitted (D) holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim (E) holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure
answer:
recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure


question:
[u]nder [28 U.S.C.] § 2254(d)(l)’s ‘unreasonable application’ clause, ... a federal habeas [corpus] court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. Rather, that application must also be unreasonable. Id. at 411, 120 S.Ct. 1495. Applying these standards to the present case, the court’s inquiry must be whether the uit Court of Appeals case for the proposition that the application of a statute prohibiting felons from possessing firearms does not violate the ex post facto clause because it is a protective measure and does not impose any new or different punishment. See United States v. O’Neal (“O’Neal”), 180 F.3d 115, 124-25 (4th Cir.1999) (<HOLDING>) (criticizing Davis). Additionally, the 
 Holding statements: (A) holding that state statutory bans against employment of convicted felons in certain jobs did not impose punishment under ex post facto clause (B) holding that revocation of medical license does not violate the ex post facto clause (C) holding north carolina felony firearms act did not violate the ex post facto clause because it was a measured public safety provision and its applicability to previously convicted felons was eminently reasonable (D) holding that the ex post facto clause did not apply because the civil contempt citation was not punitive (E) holding that the alaska sex offender registration act did not violate the ex post facto clause
answer:
holding that state statutory bans against employment of convicted felons in certain jobs did not impose punishment under ex post facto clause


question:
truthful. Assuming for the sake of argument that the defendant’s contention is correct, we nevertheless observe that the trial court found in the four factors noted above ample particularized guarantees of trustworthiness of Bryar’s statements to Trottier and Bollerud, and we conclude that this finding was not clearly erroneous. See Cook, 135 N.H. at 662, 610 A.2d at 805. For this reason, we hold that the admission of Bryar’s statements incriminating the defendant did not violate the defendant’s right of confrontation under part I, article 15 of the State Constitution. Because part I, article 15 affords this defendant at least as much protection from an unconstitutional admission of hearsay as the sixth amendment, cf. White v. Illinois, — U.S. —, — n.8, 112 S. Ct. 736, 742 n.8 (1992) (<HOLDING>), we need not embark on an independent federal 
 Holding statements: (A) holding that no independent inquiry into reliability is required when the evidence falls within a firmly rooted hearsay exception like that for coconspirators under rule 801d2e internal quotation marks omitted (B) holding that statements within a firmly rooted hearsay exception do not violate the confrontation clause (C) holding that rule 8034 hearsay exception is firmly rooted for sixth amendment purposes (D) holding codefendants confession incriminating defendant was not within a firmly rooted exception to the hearsay rule under roberts standard (E) holding that the exception is not firmly rooted
answer:

holding that no independent inquiry into reliability is required when the evidence falls within a firmly rooted hearsay exception like that for coconspirators under rule 801d2e internal quotation marks omitted