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.
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Question: Parker, we vacate the sentence and remand for resen-tencing. Nearly a month before trial, Parker opted to waive his right to counsel and elected to represent himself. At that time, the trial court conducted a Faretta inquiry and allowed Parker to represent himself throughout the trial. However, when the jury returned with the guilty verdict, the trial court proceeded immediately to sentencing without renewing the offer of counsel. In doing so, the trial court erred. “Once a defendant waives the right to counsel in a criminal case, the court must renew the offer of counsel at each subsequent critical stage of the proceedings, one of which is sentencing.” Serrano v. State, 113 So.3d 895, 896 (Fla. 2d DCA 2012); see also Ingraham v. State, 32 So.3d 761, 768-69 (Fla. 2d DCA 2010) (<HOLDING>). Accordingly, we affirm the judgment, vacate 
 Holding statements: (A) holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage (B) holding postindictment lineup is critical stage of trial at which defendant is entitled to presence of counsel (C) holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel (D) recognizing that brooks protects against denial of counsel at a critical stage of his trial (E) holding that posttrial motion for new trial is critical stage requiring counsel or valid waiver

Answer: (C)


Question: for a rational jury to find that Defendant Cloud was a member of the conspiracy for which he was indicted. The evidence demonstrated that Defendant Cloud combined his money together with Hall to purchase large quantities of drugs on repeated occasions. Defendant Hall testified that they would pool their money together and buy an eighth or a quarter of a kilogram of crack cocaine “every day almost.” In addition, Defendant Cloud sold drugs on repeated occasions to Collier, Felix, Wilson, Ralph Jones, Jermaine Jones, and Walker. Notably, Defendant Cloud’s distribution to Jermaine Jones occurred two to three times per week over the period in question. This evidence clearly can establish more than a buyer/seller relationship; it suffices to establish a conspiracy. See Brown, 332 F.3d at 373 (<HOLDING>). 2. Defendant Abdullah The evidence is 
 Holding statements: (A) holding that a close relationship between alleged conspirators and repeated large volume transactions were sufficient to establish a conspiracy (B) holding that the defendants purchase or sale of a large volume of narcoticsin that case one kilogram of cocainecreates an inference that he is a willful member of the conspiracy (C) holding that in a conspiracy case venue lies where the conspiracy agreement was formed or in any jurisdiction where an overt act in furtherance of the conspiracy was committed by any of the conspirators (D) holding that while a simple buy and sell transaction is not sufficient for proof of a conspiracy repeated transactions for large quantities are sufficient to support an inference that the buyer and seller were engaged in a conspiracy (E) holding that evidence of specific uncharged drug trafficking offenses were not extrinsic to prosecution for conspiracy to possess and distribute cocaine where the events occurred within the time period of the alleged conspiracy and were demonstrative of the conspirators conduct

Answer: (A)


Question: unless the claims can stand independently. In Lirette v. N.L. Sperry Sun Inc., the Court held that a Jones Act claim and an unseaworthiness claim did not constitute separate and independent claims because the claims involved an invasion of a single primary right, and therefore the case was not removable. 810 F.2d 533, 539 (5th Cir.1987). In the present case, it is clear that removal is prohibited. Claims under the Jones Act and general maritime law are removable only if the claims are separate and independent. Gonsalves, 733 F.2d 1020. A separate and independent cause of action is one that involves the single wrongful invasion of a single primary right of the plaintiff. Baltimore Steamship Co., 274 U.S. at 321, 47 S.Ct. 600, 71 L.Ed. 1069 (1927); See Gonsalves, 733 F.2d at 1026 (<HOLDING>). The plaintiffs’ complaint includes 
 Holding statements: (A) recognizing the cause of action (B) recognizing cause of action (C) holding that a federal cause of action for damages arises upon a federal agents unconstitutional conduct (D) holding that the rule of splitting of causes of action as related to res judicata does not permit the owner of a single or entire cause of action or an entire indivisible demand to divide or split that cause of action and that all damages from a single wrongful act must be claimed in one action (E) holding that a single cause of action arises out of the same set of facts

Answer:
(E)