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: court’s description of the panel’s rationale as “one over which reasonable jurists may differ” can hardly be construed as a ringing endorsement of Bush v. Gore’s precedential value or its application to the issue of variations in voting technology. Shelley II, 344 F.3d at 918. At the very least, the Ninth Circuit’s unanimous decision in Shelley II divested the panel decision of whatever precedential value it otherwise would have had. Undeterred, the majority struggles to accord such value to Shelley I because the rationale adopted by the majority is virtually identical to the one provided by the Shelley I panel — namely, that the plaintiffs’ novel equal protection claims are controlled by Supreme Court precedents that mandate the equal weighting of votes. Compare Maj. Op. at 870-71 (<HOLDING>), with Shelley I, 344 F.3d at 894-95 
 Holding statements: (A) holding that the erroneous use of an outdated jury instruction on the justifiable use of deadly force requiring the defendant to retreat if possible negated defendants claim of selfdefense and rose to the level of fundamental error (B) holding that the inclusion of the terms use and possess in a state law prohibiting the possession storage use manufacture or sale of fireworks in counties exceeding a certain population do not render the states exercise of police power unduly oppressive or unconstitutional (C) holding that the counties use of outdated technology results in the weighting of votes differently (D) holding that a plaintiff need only show that the results of a polygraph examination were a factor in the termination of employment and rejecting requirement that results be the sole factor for employees discharge (E) holding that in a statutory fee case the results obtained factor was already subsumed in the lodestar and that results multipliers should be awarded only in some cases of exceptional success

Answer: holding that the erroneous use of an outdated jury instruction on the justifiable use of deadly force requiring the defendant to retreat if possible negated defendants claim of selfdefense and rose to the level of fundamental error


Question: the effect that the code-fendant’s confession must be disregarded in determining the defendant’s guilt or innocence is ineffective and cannot overcome the prejudicial effect of the incriminating statement on the jury. Id. at 124, 88 S.Ct. 1620. As such, the trial court’s curative instruction in the instant case was insufficient to cure the erroneous admission of Hertz’s statement to Hathcock. Nonetheless, this Court has also recognized that a Bruton violation does not automatically require reversal of an otherwise valid conviction but, rather, is subject to a harmless error analysis. See Farina v. State, 679 So.2d 1151, 1155 (Fla.1996) (citing Harrington v. California, 395 U.S. 250, 254, 89 S.Ct. 1726, 23 L.Ed.2d 284, (1969)); see also Franqui v. State, 699 So.2d 1312, 1322 (Fla.1997) (<HOLDING>); Smith v. State, 699 So.2d 629, 644-45 
 Holding statements: (A) holding that confrontation clause violation was not harmless beyond a reasonable doubt in part because it concerned the limitation of crossexamination of the prosecutions key witness (B) holding that the sixth amendment confrontation clause violation in that case was harmless beyond a reasonable doubt and therefore did not require the conviction to be overturned (C) holding that a confrontation clause violation constituted harmless error (D) holding confrontation clause violation was harmless beyond a reasonable doubt and thus upholding firstdegree murder conviction (E) holding that testimony at trial in violation of defendants constitutional confrontation right was harmless beyond a reasonable doubt because the testimony was cumulative

Answer: holding that confrontation clause violation was not harmless beyond a reasonable doubt in part because it concerned the limitation of crossexamination of the prosecutions key witness


Question: fall within the range of 216 to 240 months. The 240-month sentence is the statutory maximum for first-degree aggravated robbery, and the 216-month sentence is equivalent to a double departure of the 108-month presumptive sentence for the kidnapping. Affirmed in part, reversed in part, and remanded. 1 . This statute went into effect August 1, 1998, before Neal was sentenced, but after the date of his offense. The previous dangerous-offender statute, Minn.Stat. § 609.152, subd. 2, was repealed August 1, 1998. See Act effective August 1, 1998, ch. 367, art. 6, § 7, 1998 Minn. Laws 731, 735. The district court erred in using the 1998 dangerous-offender statute because it went into effect after the date of Neal's offense, July 14, 1998. See State v. Murray, 495 N.W.2d 412, 413 (Minn. 1993) (<HOLDING>). However, the criteria for sentencing a 
 Holding statements: (A) holding minnesotas patterned sex offender senfence enhancement statute unconstitutional as applied to one defendant and noting our doubts as to whether the statute could ever be constitutionally applied (B) holding that when a statute is patterned after a similar provision in another states statute it is proper to resort to judicial constructions placed on the statute by the courts of the state whose statute provided the model in determining the proper construction   (C) holding that some of the sex offender conditions imposed on defendant as part of his sentence for possessing a firearm were unreasonable where defendants sole sex offense was over a decade old at the time of sentencing (D) holding that the defendant could not be sentenced under the patterned sex offender statute if his offense occurred before the statute became effective (E) holding that while a defendant is not entitled to be sentenced as a youthful offender on any new offense he or she may have committed the trial court cannot revoke a defendants youthful offender status on offenses for which that defendant has already been sentenced citation omitted

Answer:
holding minnesotas patterned sex offender senfence enhancement statute unconstitutional as applied to one defendant and noting our doubts as to whether the statute could ever be constitutionally applied