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. 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.
question:
that Turner exhibited symptoms of ADHD prior to the age of seven, a requirement for diagnosis of this condition, and none of the data reviewed by Dr. Danziger suggested an onset prior to age seven either. Had trial counsel presented Dr. Eisenstein as an expert during the penalty phase, the State would have undermined his opinions in the same manner as occurred during the evidentiary he ) (rejecting Caldwell challenge to the standard jury instructions on the mer jecting challenge to constitutionality of execution methods as meritless); Darling v. State, 45 So.3d 444, 447-48 (Fla.2010) (rejecting challenge to constitutionality of section 945.10, Florida Statutes (2007), which exempts from public records the identity of an executioner); Israel v. State, 985 So.2d 510, 521 (Fla.2008) (<HOLDING>). Cumulative Error Finally, where the 
 Holding statements: (A) holding that the right to counsel in probation revocation proceedings is not absolute where the defendant has been convicted of or has admitted to committing a crime (B) holding if there has been no termination of employment there has been no layoff or reduction in force (C) holding that a claim that the defendant may be insane at the time of execution is premature where no death warrant has been signed and the defendant has not been found to be incompetent (D) recognizing that it has long been the rule that a mechanics lien claim may be waived (E) holding the same where the term conviction refers to a defendant who has been found guilty of a listed offense but has not yet been sentenced
answer:
(C)


question:
rely on a warrant to search a house where the warrant affidavit stated that there was marijuana growing near the house and that there was a road from the house to the marijuana). Of course, the information in the affidavit does not eliminate the possibility that the marijuana came from somewhere else. The affidavit states that the trash was found at the end of a lane that dumped out into a rural highway. Admittedly, the trash could have been flung out the window of a passing car, or it could have fallen off the back of a garbage truck. However, when it comes to probable cause, the name says it all; certainty is never required, only a fair probability. When the issue is one of good-faith reliance, even less is necessary. See United States v. Bynum, 293 F.3d 192, 195 (4th Cir.2002) (<HOLDING>). The affidavit must simply bear some indicia 
 Holding statements: (A) holding that magistrate must have substantial basis for concluding that probable cause exists (B) holding that plaintiff was required to plead and prove the absence of probable cause to support his bivens claim (C) holding that the existence of probable cause for an arrest is a complete defense to a first amendment retaliation claim under the doctrine of qualified immunity (D) holding that the existence of probable cause in a  1983 case is a jury question (E) holding that leon requires a less demanding showing than the substantial basis threshold required to prove the existence of probable cause in the first place
answer:
(E)


question:
248 F.3d 110, 124 (3d Cir.2001) (concluding that “the sale of an executory contract triggers the protections afforded sales of bankruptcy estate property but also requires satisfaction of the requirements for assuming and/or assigning the same execu-tory contract.”); In re Access Beyond Techs., Inc., 237 B.R. 32, 47 (Bankr.D.Del.1999) (concluding that a “debtor cannot avoid the requirements of section 365 by saying it is ‘selling’ a lease or executory contract, rather than assuming and assigning it.”). Shaw argues that Bechtel’s purported offset rights were extinguished pursuant to section 363(f) of the Bankruptcy Code by paragraphs 7 and 11 of the Sale Order, which transferred the Debtors’ “Assets” to Shaw “f c. (In re Trans World Airlines, Inc.), 275 B.R. 712, 718 (Bankr.D.Del.2002) (<HOLDING>). Bechtel argues that the Sale did not result 
 Holding statements: (A) holding that sale of accounts receivable under section 363 was not free and clear of defenses such as recoupment but was free and clear of setoff rights unless the setoff was actually taken prepetition (B) holding that section 363 governs the sales of executory contracts here section 365 provides some limitations and conditions to assignments none of which negates the applicability of section 363 to the sale at auction of an executory contract (C) holding that provision in prepetition agreement which precluded sale of assets by debtor was not a bar to a sale under section 363 because prepetition agreements purporting to in terfere with a debtors rights under the bankruptcy code are not enforceable (D) holding that the secured partys contract and quasicontract claims fail as a matter of law because they are subject to the buyers ucc defenses and its right to recoupment and setoff under the agreements between the buyer and the debtor (E) holding that sale under section 363 eliminates unexercised setoff rights but not recoupment defense
answer:

(E)