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: the evidence of rape discussed above in Division 1, we conclude that the evidence at Martin’s trial was sufficient to support the statutory aggravating circumstances found as to both murders. See OCGA § 17-10-35 (c) (2) (requiring a review of the statutory aggravating circumstances foundby the jury);UAP Rule IV (B) (2) (providing that, in all death penalty cases, this Court will determine whether the verdicts are supported by the evidence). See also Ring, 536 U. S. 584; Jackson, 443 U. S. 307. 20. Considering both the murders for which Martin has been sentenced to death and Martin as a defendant, we find that the death sentences imposed in his case were not disproportionate punishment within the meaning of Georgia law. See OCGA § 17-10-35 (c) (3); Gissendaner, 272 Ga. at 716-717 (<HOLDING>). The cases cited in the Appendix support this 
 Holding statements: (A) holding that this courts statutorily mandated proportionality review concerns whether a particular death sentence is excessive per se or is substantially out of line (B) holding that the failure to hold a faretta hearing is per se reversible error and reversing the defendants conviction vacating his death sentence and remanding for a new trial (C) holding that per se statutory rule is not permissible under fourth amendment (D) holding such agreements to be per se illegal (E) holding that denial of access per se is noncompensable

Answer: holding that the failure to hold a faretta hearing is per se reversible error and reversing the defendants conviction vacating his death sentence and remanding for a new trial


Question: 602 F.Supp. 859, 864 (D.N.J.1985); Tedesco v. U.S. Po esentation against the Government. 28 U.S.C. § 2680(h). Further, the FTCA requires, as a jurisdictional prerequisite to adjudication in a federal court, all claims to first be brought before the appropriate agency-here, the USPS’s Tort Claims Examiner. See 28 U.S.C. § 2675(a). It is undisputed that Mr. Foster did not bring his claims to the USPS before initiating this suit. Thus, the district court correctly dismissed these claims for lack of subject matter jurisdiction. II Mr. Foster also challenges the district court’s denial of his motion for reconsideration and its denial of sanctions against USPS. We review these determinations for abuse of discretion. Q-Pharma, Inc. v. Andrew Jergens Co., 360 F.3d 1295, 1299 (Fed.Cir.2004) (<HOLDING>); Gary v. The Braddock Cemetery, 517 F.3d 195, 
 Holding statements: (A) holding that a motion for rule 11 sanctions is dispositive (B) holding that state law provides the standard of review for a denial of a rule 50 motion in a diversity case (C) holding under third circuit law that denial of rule 11 sanctions is reviewed for abuse of discretion (D) holding that courts of appeals should review all aspects of the district courts rule 11 determination for abuse of discretion and noting that the district court has broad discretion to impose rule 11 sanctions (E) holding that the standard of review for the denial of rule 11 sanctions is governed by the law of the regional circuit

Answer: holding that a motion for rule 11 sanctions is dispositive


Question: But the comparator must still be similar enough “to eliminate confounding variables, such as differing roles, performance histories, or decision-making personnel, [so as to] isolate the critical independent variable: complaints about discrimination.” Filar v. Bd. of Educ. of City of Chi, 526 F.3d 1054, 1061 (7th Cir.2008) (second insertion in original) (quoting Humphries, 474 F.3d at 405). As Assistant Superintendent, Malito was directly under Simpson and he had many of the same responsibilities as Simpson. He even seemed to have “fraternized” with the same juvenile detainee that Simpson did. And we have tended to look more broadly for appropriate comparators when an employee holds an arguably unique job description. See McNabola v. Chi. Transit Auth., 10 F.3d 501, 514 (7th Cir.1993) (<HOLDING>). But the Audit Report makes Malito far from 
 Holding statements: (A) holding a pro per litigant to the same standard as an attorney (B) holding that violation of state law was not a per se constitutional violation (C) holding that the maximum statutory damages available to plaintiffs under the fdcpa is limited to 100000 per plaintiff per proceeding (D) holding such agreements to be per se illegal (E) holding that a per diem physician could be adequately compared to per diem attorneys in an organization with a limited number of per diem physicians

Answer:
holding a pro per litigant to the same standard as an attorney