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.
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Question: statement during closing argument regarding his personal opinion of the defendant’s guilt was improper, but not reversible error). Where it appears that no other verdict could have been properly rendered, prosecutorial misconduct is not reversible error. Hillen v. People, 59 Colo. 280, 284, 149 P. 250, 252 (1915). In light of the overwhelming evidence presented at trial against the defendant, we conclude that the prosecutor’s improper remark during closing argument was harmless beyond a reasonable doubt. Id. at 985 (emphasis added); see also Harris, 888 P.2d at 268 (stating that “the sufficiency of the evidence presented at trial will be considered on appeal when evaluating claims of prosecutorial misconduct”); Grandbouche v. People, 104 Colo. 175, 185, 89 P.2d 577, 581 (1939) (<HOLDING>); Miller v. People, 70 Colo. 313, 317, 201 P. 
 Holding statements: (A) holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment (B) holding the rule that the singular includes the plural obviously  is not one to be applied except where it is necessary to carry out the evident intent of the statute (C) holding that 1 usc  1 does not apply except where it is necessary to carry out the evident intent of the statute (D) holding that the rule is that where the guilt of an accused is evident incidental improper action upon the part of the prosecuting officer may be overlooked (E) holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment

Answer: holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment


Question: of the statute before many petitioners would be able to identify, with reasonable certainty, the nature of the injury. Brice v. Sec’y of Health & Human Servs., 36 Fed.Cl. 474, 477 (1996), aff'd on other grounds, 240 F.3d 1367 (Fed.Cir.2001). In Brice, we held that equitable tolling is not available for claims arising under § 300-16(a)(2), reasoning that “the statute of limitations here begins to run upon the first symptom or manifestation of the onset of injury, even if the petitioner reasonably would not have known at that time that the vaccine had caused an injury.” 240 F.3d at 1373; see also Sharpnack v. Sec’y of Health & Human Servs., No. 90-983V, 1992 WL 167255, at *2 (Cl.Ct. Special Master June 29, 1992), aff'd, 27 Fed.Cl. 457 (1993), aff'd, 17 F.3d 1442 (Fed.Cir.1994) (table) (<HOLDING>). The Supreme Court, in Whitecotton, 
 Holding statements: (A) holding that absolute immunity protects  judges  so long as their acts are judicial  in nature internal quotation omitted (B) holding substantial evidence is defined as more than a scintilla but less than a preponderance and consists of such relevant evidence as a reasonable person would accept as adequate to support a eonclusion  (C) holding that in many vaccine program cases the injuries are first manifest ed as subtle signs and seizures of less complicated nature eg seizures lasting less than 30 minutes or seizure activity so subtle as to be unrecognized at their onset (D) holding that the govemment is not liable under the federal tort claims act for injuries to service members where the injuries arise out of or are in the course of activity incident to military service (E) holding that the united states is immune from monetary damages for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service

Answer: holding that absolute immunity protects  judges  so long as their acts are judicial  in nature internal quotation omitted


Question: that the use of the mails will follow in the ordinary course of business, or where such use can reasonably be foreseen, even though not actually intended.’ ” Altman, 48 F.3d at 102-03 (quoting Per-eira v. United States, 347 U.S. 1, 8-9, 74 S.Ct. 358, 98 L.Ed. 435 (1954)) (alteration in original). We hold that this requirement was easily satisfied here given that the settlement checks issued by the insurance companies (i.e., the fruition of the scheme) were sent by mail. In addition, several of the bribes were invoiced and paid by mad. Finally, the appellants’ mandatory filings with the New York State Office of Court Administration, which were adulterated to help conceal the fraud, were sent by mail. See Schmuck v. United States, 489 U.S. 705, 712, 109 S.Ct. 1443, 103 L.Ed.2d 734 (1989) (<HOLDING>). Appellants argue that their prosecution under 
 Holding statements: (A) recognizing that proof of a business system of preparing and mailing letters and compliance with such a custom in the particular instance is sufficient to establish proof of mailing (B) recognizing that a mailing must be sufficiently related to the fraudulent scheme to support a charge of mail fraud (C) holding that mailing of titleregistration forms satisfied mailing requirement because they contributed to success of the scheme (D) holding that rule 6e is inapplicable where the time for filing begins to run on the date of mailing (E) holding that the first element of mail fraud  knowing participation in a scheme to defraud  can extend beyond the specific mailing and that the loss calculation for a mail fraud conviction may include any loss from the fraudulent scheme that the mailing furthered

Answer:
recognizing that proof of a business system of preparing and mailing letters and compliance with such a custom in the particular instance is sufficient to establish proof of mailing