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:
— cannot alone support guilty verdicts. There must be some further evidence adduced indicating the defendant’s commission of the charged criminal acts. See United States v. Glenn, 312 F.3d at 69; United States v. Scheibel, 870 F.2d 818, 822 (2d Cir.1989); United States v. Johnson, 513 F.2d 819, 824 (2d Cir.1975). True enough. But these cases do not hold that, if such actus reus evidence is adduced, there is some temporal limit on the jury’s consideration of consciousness-of-guilt evidence to establish mens rea. Indeed, if flight or false exculpatory statements were indicative only of a defendant’s knowledge and intent at the time of those actions, the evidence would be irrelevant to the charged crime and properly excluded. Instead, the law admits consciousness-of-gui 209 (2d Cir.2004) (<HOLDING>). (4) The Admissions to Goldsmith Still further 
 Holding statements: (A) holding defendants false exculpatory statements admissible to show consciousness of guilt (B) recognizing that evidence of government knowledge of the defendants conduct could be part of a defendants argument that it did not knowingly submit false claims (C) holding parties to an exculpatory clause where the parties intent is clear (D) recognizing that defendants attempt to persuade a witness to make false exculpatory statements is probative of guilty knowledge and intent (E) holding that defendants attempt to mislead a client by providing it with false information was illegal witness tampering because defendant was trying to corruptly persuade or mislead the client with the intent of influencing its potential testimony before the grand jury
answer:
holding defendants false exculpatory statements admissible to show consciousness of guilt


question:
proceeding”). Here, the only evidence that th .Crim.App.2000) (stating, in motion to suppress context, “[T]he judge may believe or disbelieve all or any part of a witness’s testimony, even if that testimony is not controverted”). Appellant’s and Sanchez’s after-the-fact, out-of-court averrals about appellant’s ability to understand the proceedings and waivers he signed were untimely factual statements in appellant’s self-interest. Even though the State did not offer affidavits to controvert appellant’s and Sanchez’s affidavits, it was within the trial court’s discretion to disbelieve the assertions contained in those affidavits that appellant does not read or speak English. See Charles, 146 S.W.3d at 210; Shanklin, 190 S.W.3d at 167; see also Phuong Anh Thi Le, 300 S.W.3d at 327 (<HOLDING>). The trial court, and not this Court, is in 
 Holding statements: (A) holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record (B) holding that in reviewing trial courts ruling on habeas corpus petition reviewing court must defer to all of trial courts implied factual findings supported by record (C) recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous (D) holding that as long as the findings are supported by substantial evidence the board must defer to the hearing committees credibility determinations because they are subsidiary findings of basic facts (E) holding that appellate court must defer to all implied factual findings supported by record
answer:
holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record


question:
v. Texas, 311 U.S. 128, 131, 61 S.Ct. 164, 85 L.Ed. 84 (1940). Cf. Whitus v. Georgia, 385 U.S. 545, 552 n. 2, 87 S.Ct. 643, 17 L.Ed.2d 599 (1967). 103 . 380 U.S. at 208-209, 85 S.Ct. at 829, 13 L.Ed.2d 759 (emphasis added) (citations omitted). See also Brown v. Allen, 344 U.S. 443, 73 S.Ct. 397, 97 L.Ed. 469 (1953) where the Supreme Court intimated that rebuttal testimony that the clerk selected names on the basis of “good moral character” and those “qualified to serve as jurors” would be unavailing when a prima facie case was based on a 31 percent disparity between Negro population and the jury box composition in Vance County. 104 . 380 U.S. at 227, 85 S.Ct. 824, 13 L.Ed. 759. 105 . For cases involving the less educated, see United States v. Butera, 420 F.2d 564, 571 (1st Cir. 1970) (<HOLDING>); United States v. DiTommaso, 405 F.2d 385, 388 
 Holding statements: (A) holding prima facie case met by evidence that 836 of jury pools had high school diplomas while only 432 of population over 25 did and proof that 181 of pool had college degrees as compared with 5 of population (B) holding that although a jury instruction that included the phrase prima facie case and referred to defendants burden of production created a distinct risk of confusing the jury in certain instances it would be appropriate to instruct the jury on the elements of a prima facie case (C) holding plaintiffs ultimate burden of proof can be met by combining proof submitted in its prima facie case with evidence that defendants proffered reasons for its acts were false (D) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (E) holding that the mathematical disparity between 197 of africanamericans in the population and 47 of africanamericans on grand jury lists was adequate for a prima facie case under an equal protection analysis
answer:

holding that although a jury instruction that included the phrase prima facie case and referred to defendants burden of production created a distinct risk of confusing the jury in certain instances it would be appropriate to instruct the jury on the elements of a prima facie case