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: v. State, 175 Ga. App. 234, 238-39 (4) (333 SE2d 103) (1985) (reversing conviction when there was no evidence that firearm found near defendant was on defendant’s person during commission of the crime). 32 Carswell, 251 Ga. App. at 735 (1) (b) (emphasi at jury could “consider the evidence concerning the small size and crowded conditions within the residence and infer that it was inevitable” that defendant passed even momentarily within arm’s reach of a firearm hidden under a couch that was positioned behind a coffee table containing cocaine). 36 Copeland v. State, 228 Ga. App. 734, 736 (1) (492 SE2d 723) (1997), declined to follow on other grounds, Weems v. State, 269 Ga. 577, 579 (2) & n.2 (501 SE2d 806) (1998). Cf. Ferguson v. State, 307 Ga. App. 232, 233 (1) (704 SE2d 470) (2010) (<HOLDING>). 37 See Martinez v. State, 303 Ga. App. 166, 
 Holding statements: (A) holding that evidence in an inadmissible form may be considered at the summary judgment stage as long as the evidence is submitted in an admissible form at trial (B) holding inter alia that a jury may consider a defendants appearance at trial in conjunction with the evidence submitted at trial in order to resolve conflicts in the testimony presented (C) holding that the trial court properly added a party defendant to conform to the evidence presented at the trial (D) holding that the sixth amendments guarantee of a trial by jury requires the jury to base its verdict only on the evidence presented at trial (E) holding that the sixth amendments guarantee of a trial by jury requiresthe jury to base its verdict only on the evidence presented at trial

Answer: (B)


Question: appeals from the district court’s order denying his Federal Rule of Civil Procedure 59 motion for reconsideration challenging the dismissal of his 28 U.S.C. § 2254 petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm. Henderson contends that the district abused its discretion by denying his motion, which we construe as a motion for relief from final judgment based on Federal Rule of Civil Procedure 60(b). See Straw v. Bowen, 866 F.2d 1167, 1171-72 (9th Cir.1989). The district court did not abuse its discretion when it denied Henderson’s motion because his almost two-year delay before filing the motion was not reasonable. See Fed.R.Civ.P. 60(c) (“A motion under Rule 60(b) must be made within a reasonable time.... ”); In re Hammer, 940 F.2d 524, 526 (9th Cir. 1991) (<HOLDING>). AFFIRMED. ** This disposition is not 
 Holding statements: (A) holding that an over twoyear delay without any excuse was unreasonable as a matter of law (B) holding that it was not an abuse of discretion to find an unexcused twoyear delay unreasonable (C) holding it was not an abuse of discretion to deny funds (D) holding it was not an abuse of discretion to exclude testimony (E) holding that twoyear delay was not reasonable

Answer: (B)


Question: § 2707(a) (2006) provides that a party “aggrieved” by a violation of the Act may pursue a civil remedy against “the person or entity, other than the United States, which engaged in that violation . . . .” 18 U.S.C. § 2708 (2006) states, “[t]he remedies and sanctions described in this chapter are the only judicial remedies and sanctions for nonconstitutional violations of this chapter.” The United States District Court for the District of Columbia analyzed the same issue presently before this Court and held that even if the State does not comply with the provisions of the Stored Communications Act, “the statute does not provide for a suppression remedy.” United States v. Ferguson, 508 F.Supp. 2d. 7, 10 (D.D.C. 2007); see also United States v. Smith, 155 F.3d 1051, 1056 (9th Cir. 1998) (<HOLDING>), superseded on other grounds, Konop v. 
 Holding statements: (A) holding that the stored communications act does not provide an exclusion remedy it allows for civil damages  and criminal punishment    but nothing more (B) holding that 42 usc  1983 does not provide a remedy for flsa violations (C) holding that a criminal statute does not provide a corresponding civil cause of action (D) holding that civil settlements have no bearing on decisions of criminal punishment and imposition of a restitution order is a form of punishment and part of a criminal sentence (E) holding that  1983 does not provide a remedy if there is no violation of federal law

Answer:
(A)