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.

Example Input: that may be considered in determining punishment are the subject of article 37.07 of the Texas Code of Criminal Procedure. See Tex.Code CRIM. PROC. Ann. Art. 37.07 (Vernon Supp.2004). This statute authorizes the admission of evidence in the punishment phase of trial as to any matter the court deems relevant to sentencing. Id. The circumstances of the offense are relevant to sentencing and may be considered by the trier of fact in determining the punishment to be assessed. Murphy v. State, 777 S.W.2d 44, 63 (Tex.Crim.App.1989). One circumstance of the offense that may be considered is the degree of injury to the victim so long as the fact finder may rationally attribute moral culpability to the accused for that injury. Stavinoha v. State, 808 S.W.2d 76, 78-79 (Tex.Crim.App.1991) (<HOLDING>); Miller-El v. State, 782 S.W.2d 892, 896 
 Holding statements: (A) holding that sexual assault coercion and harassment certainly may violate contemporary standards of decency and cause physical and psychological harm (B) holding in aggravated sexual assault case that testimony regarding psychological trauma suffered by child victim and its physical manifestations properly admitted (C) holding that psychological conditions resulting from workrelated trauma are compensable (D) recognizing trauma that new trial would likely bring to victim of child sexual assault (E) recognizing the purpose of missouris child victim witness protection law sec 491675 et seq as an attempt to minimize the emotional and psychological trauma to the alleged child victim
Example Output: holding that sexual assault coercion and harassment certainly may violate contemporary standards of decency and cause physical and psychological harm

Example Input: resource. Power that is not exercised is not management or control even though in a legal sense the resource may belong in part or appertain to that party. While the Government is correct in their argument that there is not a double recovery until the total value of the damaged or injured resource has been recovered, a given trustee cannot recover more than what its stewardship is determined to be. To allow otherwise would create the undesirable situation of a race to the courthouse between co-trustees with the first in time being the first in right. Moreover, once a state, federal or other public trustee recovers such damages, res judicata would prevent a second trustee from recovering the same public losses. Alaska Sport Fishing Ass’n v. Exxon Corp., 34 F.3d 769 (9th Cir.1994) (<HOLDING>). Likewise, settlement would be discouraged by 
 Holding statements: (A) holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii (B) holding that the plaintiffs earlier claims of infringement by possession and its later claims of infringement by use of its source code arose from the same nucleus of operative facts and therefore the later claims were barred by res judicata (C) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred (D) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari (E) holding that the united states and the state of alaska as public trustees under the cwa and cercla could recover all lost use damages caused by the spill and that private claims for lost recreational use were barred under res judicata
Example Output: holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii

Example Input: is signed. Tex.R.App.P. 41(a)(1). The Bank argues that the Restre-pos’ failure to file their affidavit in the cause number assigned to the severed party within thirty days of the severance deprives this Court of jurisdiction. A court of appeals has jurisdiction over an appeal when an appellant files an instrument that is “a bona fide attempt to invoke appellate court jurisdiction.” City of San Antonio v. Rodriguez, 828 S.W.2d 417, 418 (Tex.1992) (per curiam); Mu on for new trial filed under old cause number, but seeking new trial as to a severed party, extends the appellate timetable and allows perfection of an appeal as a bona fide attempt to invoke appellate jurisdiction, making the court of appeals’ dismissal improper); Grand Prairie Independent School Dist., 813 S.W.2d at 500 (<HOLDING>). III. CONCLUSION We hereby give notice 
 Holding statements: (A) holding that a notice of appeal filed when an appeal bond is required to perfect is a bona fide attempt to invoke appellate jurisdiction and that the court of appeals dismissal was improper without first affording an opportunity to correct the defective perfection of appeal (B) holding that notice of appeal filed under the wrong docket number is a bona fide attempt to invoke appellate jurisdiction and that the court of appeals dismissal was improper (C) holding that the court did not have jurisdiction to hear an appeal after an untimely filing of a notice of appeal (D) holding that an appeal is perfected when the appeal bond is filed (E) holding that prejudice should be presumed where counsel filed notice of appeal but failed to perfect the direct appeal
Example Output:
holding that notice of appeal filed under the wrong docket number is a bona fide attempt to invoke appellate jurisdiction and that the court of appeals dismissal was improper