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.
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Question: CURIAM. Appellant, John Mark Vaughan, Jr., filed a Rule 3.800(a) motion, claiming that his sentence was illegal under Heggs v. State, 759 So.2d 620 (Fla.2000). The trial court denied the motion, finding that the sentence imposed under the unconstitutional 1995 sentencing guidelines could have been imposed under the valid 1994 guidelines. Unfortunately, the trial court failed to attach the relevant portions of the record to support this finding, which ordinarily would require reversal. See, e.g., Moore v. State, 741 So.2d 577 (Fla. 5th DCA 1999) (<HOLDING>). However, appellant failed to allege that the 
 Holding statements: (A) holding that when a movant successfully challenges an illegal prr sentence in a rule 3800a motion at resentencing the movant is entitled to be present at sentencing represented by counsel with an opportunity to present mitigating evidence (B) holding that burden is on trial court denying a facially sufficient rule 3800a motion to attach record establishing movant is not entitled to relief (C) holding motion for substitution of judge properly denied where movant failed to attach affidavit (D) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (E) holding that a rule 3800a motion that does not allege that the court records show the defendants entitlement to additional jail credit is facially insufficient

Answer: (B)


Question: Third, the Kimmell court did not actually address whether future projections were actionable, but merely assumed that they were based on the procedural posture of the case and the issues addressed on appeal. Id. Finally, the Second Circuit noted that, “although the Appellate Division in Kimmell [implicitly] found that future prediction/projeetions could qualify as the basis for a negligent misrepresentation claim ..., that finding is contrary to the great weight of authority.” Id. The Court agrees with the Second Circuit’s analysis. The inquiry does not depend on whether the omission itself relates to a past or present fact. Instead, the relevant inquiry is whether the failure to disclose renders an existing statement of fact false or misleading. Cf. Metropolitan, 532 F.Supp.2d at 1290 (<HOLDING>). If this were not the case, almost any 
 Holding statements: (A) recognizing the cause of action (B) holding that an omission claim could not be maintained where plaintiff did not point to previous statements that were misleading without further disclosures (C) holding that a duty to disclose arises whenever secret information renders prior public statements materially misleading (D) holding analysts statements insufficient to satisfy particularity requirements because plaintiffs failed to identify with specificity the statements made by a particular defendant or describe how those statements were false or misleading (E) holding that a cause of action based on an omission requires the plaintiff to show how an alleged omitted fact negates the truth of or renders misleading the statements actually made

Answer: (E)


Question: was signed and deemed filed on February 2, 2011. Thus, his federal habeas petition was untimely. According to Weddington, the district court erred in dismissing his petition because the limitations period should have been equitably tolled by the state’s confiscation of his legal papers. The state responds that the record fails to support his contention. Its argument against equitable tolling, on appeal as in the district court, is based solely on its challenge as to whether Weddington was prohibited access to his legal materials while he was housed in disciplinary segregation. “The intentional confiscation of a prisoner’s ha-beas corpus petition and related legal papers by a corrections officer is ‘extraordinary’ as a matter of law.” Valverde v. Stinson, 224 F.3d 129, 133 (2d Cir.2000) (<HOLDING>); see also United States v. Gabaldon, 522 F.3d 
 Holding statements: (A) holding that prisons complete confiscation of petitioners legal materials six weeks before filing deadline and its holding of papers until after limitations period expired constituted an extraordinary circumstance for purposes of equitable tolling (B) holding that aedpas oneyear period of limitations does not support a delay of filing of habeas petition by capital defendant (C) holding that a corrections officers confiscation of a prisoners draft habeas petition and related legal papers can justify equitable tolling of the oneyear limitations period (D) holding that attorney miscalculation of aedpa time period did not justify equitable tolling (E) holding that oneyear limitations period set forth in  2255 is not a jurisdictional bar and is thus subject to equitable tolling

Answer:
(C)