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.

Q: The appellant’s first point relied on is also deficient in that it does not comply with Rule 84.04(d)(5) inasmuch as the authority cited by the appellant in support of the claim raised relates only to our standard of review and the manner in which we are to interpret a statute. Rule 84.04(d)(5) provides: In support of each “Point Relied On,” and immediately following the statement of the Point, the appellant or relator shall cite all authorities upon which the argument rests. If more than three authorities are cited, the three authorities on which the appellant, relator, or petitioner principally relies shall be cited first. The appellant does not, as required by the rule, provide any authority for his claimed interpretation of the implicated statutes. See Coleman, 969 S.W.2d at 274 (<HOLDING>). If no such citations exist because this is a 
 Holding statements: (A) holding that an appellate court cannot consider an issue that was not preserved for appellate review (B) holding the trial court was without authority to dismiss an appeal on the ground that the amount of the judgment required the appellant to file an application for discretionary review (C) holding that an appellate court may not review errors that have not been assigned by a party or a point of error (D) holding that a claim is waived on appeal when not supported by citation to relevant authority (E) holding that an appellate court is not required to review an appellants point relied on which appears without citation of applicable or relevant authority

A: (E)
****
Q: automobiles are likewise per se reasonable given probable cause, then by the same logic any search or seizure could be carried out without a warrant, and we would simply have read the Fourth Amendment out of the Constitution”). The Court cannot allow law enforcement to emasculate well settled constitutional protections in order to cure their own mistake. 9 . The Court notes that the Supreme Court has implied that exigent circumstances are never necessary to justify a warrantless search, but has never expressly stated such a conclusion without first noting that the vehicle in question was somehow readily mobile. See Search And Seizure, supra at 477-81, 91 S.Ct. 2022. As a result, lower courts have split when interpreting its meaning. See United States v. Reed, 26 F.3d 523 (5th Cir.1994) (<HOLDING>); United States v. Reis, 906 F.2d 284 (7th 
 Holding statements: (A) recognizing that among the circumstances accepted as providing exigent circumstances for a warrantless search are those where a true emergency exists (B) holding that officers cannot base a warrantless search on an exigent circumstance of their own creation (C) holding that the searehincidenttoalawfularrest rule does not apply to a warrantless search that provides the probable cause for the subsequent arrest because one cannot justify the arrest by the search and then simultaneously justify the search by the arrest (D) holding that camey notwithstanding the fact that a car is moveable alone is not sufficiently exigent circumstances to justify a warrantless search (E) holding that parole status alone is insufficient to justify search of a parolee

A: (D)
****
Q: definition was first approved by the Supreme Court in 1907, Victor, supra, at 9, 114 S.Ct. 1239 (citing Perovich v. United States, 205 U.S. 86, 92, 27 S.Ct. 456, 51 L.Ed. 722 (1907), and widely adopted by state courts, although it later met with criticism in various states. Id. at 9, 114 S.Ct. 1239 (citing) People v. Brigham, 25 Cal.3d 283, 157 Cal.Rptr. 905, 599 P.2d 100, 106-121 (1979)). Nevertheless, the jury instruction at issue in Cage represents a clear break from the past insofar as the Court criticized one form of jury instruction in which “reasonable doubt” was defined, in part, as “moral certainty,” Cage, supra, at 41, and is retroactively appl ies the prejudice requirement for establishing federal habeas jurisdiction. Cf. Restrepo v. Kelly, 178 F.3d 634, 640-41 (2d Cir.1999) (<HOLDING>). As such, Mercer has satisfied both the cause 
 Holding statements: (A) holding in context of sixth amendment ineffective assistance of counsel based on asserted failure of counsel to file appeal established prejudice per se for purpose of establishing habeas review jurisdiction as if proven such failure constitutes denial of a fundamental constitutional right (B) holding that failure to file brief on appeal to bia constitutes ineffective assistance but affirming the denial of habeas because petitioner could not show prejudice (C) holding that an attorneys conflict of interest gives rise to a claim of ineffective assistance of counsel under the sixth amendment and establishes prejudice per se (D) recognizing a constitutional claim for ineffective assistance of counsel (E) holding on appeal from a habeas corpus denial that counsel was not ineffective for failure to file a notice of appeal because of defendants escape

A:
(A)
****