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.

Input: Consider Input: to the exercise of discretion by the trial court. Penn s to avoid the appearance of impropriety is a worthy standard for professional conduct, a criminal defendant’s constitutional right to due process does not entitle him to a prosecution free of such appearances. Cf. Cuyler v. Sullivan, 446 U.S. 335, 348, 100 S.Ct. 1708, 1718, 64 L.Ed.2d 333 (1980) (stating that a defendant’s Sixth Amendment right to counsel is not violated when his lawyer has a “possible” or “potential” conflict of interest). Instead, a criminal defendant is denied due process only when his former counsel joins a Commonwealth’s Attorney’s office and is not effectively screened from contact with the Commonwealth’s attorneys who are handling the defendant’s case on a related matter. See Thompson, 246 So.2d at 763 (<HOLDING>); United States v. Goot, 894 F.2d 231, 236-37 
 Holding statements: (A) holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person (B) holding than an attorney who serves as a mediator cannot subsequently represent anyone in a substantially related matter without the consent of the original parties because mediators routinely receive and preserve confidences in much the same manner as an attorney and where the mediator was privy to confidential information the applicable ethical rules impose the same responsibility as the rules relating to any attorneys subsequent representation of a former client (C) holding that defendants right to due process was not violated by the employment of his former counsel in the us attorneys office where the former counsel recused himself and was screened from the prosecution of defendants case (D) holding that an attorney may only undertake to represent a new client against a former client  where there is no confidential information received from the former client that is in any way relevant to representation of the current client (E) holding that a defendants due process rights are violated only if his former lawyer prosecutes him on a matter related to the representation or discloses client confidences to other prosecutors

Output: holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person


Input: Consider Input: under Section 15, Article II of the Maryland Constitution. The majority’s greatest foible, however, is in its treatment of the primary issue before this Court, whether the enactment of Senate Bill 1, by which the Legislature removed the PSC Commissioners, constituted an encroachment by the Legislature on the gubernatorial powers enumerated in Sections 1, 9 and 15, Article II of the Maryland Constitution, and a violation of Section 8 of the Declaration of Rights’ separation of powers. Aristotle’s principles, explored by John Locke, and later pragmatically structured by Baron de Montesquieu, are generally credited as the mainstay of the separation of powers doctrine. Edward Rubin, The Myth of Accountability and the Anti-Administrative Impulse, 103 Mich. L.Rev.2073, 2093 n. 59 (2005) (<HOLDING>)-, Jim Rossi, Dual Constitutions and 
 Holding statements: (A) holding that claim premised on the organizing arming and disciplining of members of the national guard involved issue committed expressly to the political branches of government (B) recognizing that the american governments three distinct branches originate from a fusion of concepts found in aristotles the politics john lockes the second treatise of government and montesquieus the spirit of laws (C) recognizing products liability concepts as part of general maritime law (D) recognizing that when other branches of government are remiss in their constitutional duties the judiciary must act (E) recognizing that standing doctrine is fundamentally rooted in respect for the separation of powers of the independent branches of government

Output: holding that claim premised on the organizing arming and disciplining of members of the national guard involved issue committed expressly to the political branches of government


Input: Consider Input: (petition for clemency-under Washington state law is not an application for “state post-conviction or other collateral review” and therefore does not toll the statute); see also Moore v. Cain, 298 F.3d 361, 366-67 (5th Cir.2002) (state court mandamus application requesting trial court be directed to rule on state habeas application is not application for collateral review with respect to prisoner’s conviction, and does not toll one-year limitation period), cert. denied, 537 U.S. 1236, 123 S.Ct. 1360, 155 L.Ed.2d 202 (2003); Hodge v. Greiner, 269 F.3d 104, 107 (2d Cir.2001) (finding no basis for equitable tolling where petitioner sought discovery through state mandamus proceeding, rather than timely filing habeas petition); Johnson v. Lewis, 310 F.Supp.2d 1121, 1125-26 (C.D.Cal.2004) (<HOLDING>). Thus, this Court finds no basis to 
 Holding statements: (A) holding that under the law of the district of columbia the filing of a complaint does not toll the statute of limitations on a counterclaim (B) holding that such a dismissal may provide grounds to equitably toll the statute of limitations for a second habeas petition (C) holding that the concealment of ones identity does not toll the running of the statute of limitations (D) holding that duress toll to statute of limitations under state law had no application to federal rico statute of limitations (E) holding petition for writ of mandate seeking return of property does not toll the statute of limitations


Output: holding that under the law of the district of columbia the filing of a complaint does not toll the statute of limitations on a counterclaim