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 jury during final jury instructions not to consider any testimony it had stricken or ordered the jury to disregard during trial. See United States v. Liburd, 607 F.3d 339, 344, 53 V.I. 890 (3d Cir. 2010) (“[W]hile curative instructions cannot repair every error, we do generally presume that juries follow their instructions.”). Finally, as discussed above in section B, the People presented overwhelming evidence that Augustine was the individual who pulled a gun and started shooting at Officers Greaves, Wharton, and Allen. Based on these factors, Officer Wharton’s statement — given in response to a question — would not have been sufficiently prejudicial to warrant a mistrial even if Augustine’s attorney had requested one at trial. See Ethridge v. State, 418 P.2d 95, 100 (1966) (<HOLDING>). Thus, we conclude that the Superior Court did 
 Holding statements: (A) holding that prejudice was not shown where there was overwhelming evidence of guilt (B) holding mistrial not warranted for improper statement by police officer where court sustained defendants objection and admonished jury to disregard statement and where there was overwhelming evidence of guilt (C) holding that the trial court did not abuse its discretion in denying defendants motion for mistrial where the trial court sustained defendants objections to a question by the prosecutor containing improper information and instructed the jury to disregard the question (D) holding that improper statement was rendered harmless because the district court sustained the defendants objection  and admonished the jury to disregard the statement (E) holding that while the prosecutors question was improper in light of the overwhelming evidence there was no reversible error in the denial of defendants motion for mistrial

Answer: holding that prejudice was not shown where there was overwhelming evidence of guilt


Question: [u]nder [28 U.S.C.] § 2254(d)(l)’s ‘unreasonable application’ clause, ... a federal habeas [corpus] court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. Rather, that application must also be unreasonable. Id. at 411, 120 S.Ct. 1495. Applying these standards to the present case, the court’s inquiry must be whether the uit Court of Appeals case for the proposition that the application of a statute prohibiting felons from possessing firearms does not violate the ex post facto clause because it is a protective measure and does not impose any new or different punishment. See United States v. O’Neal (“O’Neal”), 180 F.3d 115, 124-25 (4th Cir.1999) (<HOLDING>) (criticizing Davis). Additionally, the 
 Holding statements: (A) holding that state statutory bans against employment of convicted felons in certain jobs did not impose punishment under ex post facto clause (B) holding that revocation of medical license does not violate the ex post facto clause (C) holding north carolina felony firearms act did not violate the ex post facto clause because it was a measured public safety provision and its applicability to previously convicted felons was eminently reasonable (D) holding that the ex post facto clause did not apply because the civil contempt citation was not punitive (E) holding that the alaska sex offender registration act did not violate the ex post facto clause

Answer: holding that state statutory bans against employment of convicted felons in certain jobs did not impose punishment under ex post facto clause


Question: the BIA’s decision as the final failed to take his medical condition into account in denying his request for a continuance. To the contrary, the IJ expressly considered Maldonado-Reyes’s request for an extension based on his medical condition and denied that request because the medical condition did not provide a basis for remaining in the United States. (A.R. 61-62). Maldonado-Reyes further contends that the denial of a continuance amounted to a deprivation of his right to counsel, violating his due process rights. The denial of a continuance is discretionary and therefore cannot form the basis for a due process claim. Abu-Khaliel, 436 F.3d at 635. Regardless, Maldonado-Reyes cannot demonstrate prejudice, as discussed below. See Gishta v. Gonzales, 404 F.3d 972, 979 (6th Cir.2005) (<HOLDING>). Maldonado-Reyes also asserts that the IJ 
 Holding statements: (A) holding petitioner must show prejudice to prevail on due process claim (B) holding petitioner must demonstrate error and substantial prejudice to prevail on a due process claim (C) holding that an alien must establish that he was prejudiced by the alleged error in order to prevail on a due process claim (D) holding that an alien raising a due process challenge to removal proceedings must show error and substantial prejudice (E) holding that an alien must show error and substantial prejudice in order to prevail on a due process claim

Answer:
holding petitioner must show prejudice to prevail on due process claim