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.

Q: alleged prejudice stems from the unavailability of witnesses, the Fourth Circuit explained in Jones what type of evidence is typically required: “[Cjourts have generally required that the defendant identify the witness he would have called; demonstrate, with specificity, the expected content of that witness’ testimony; establish to the court’s satisfaction that he has made serious attempts to locate the witness; and, finally, show that the information the witness would have provided was not available from other sources.” 94 F.3d at 908; see also U.S. v. Cornielle, 171 F.3d 748, 752 (2nd Cir.1999) (recognizing that actual prejudice “is commonly demonstrated by the loss of documentary evidence or the unavailability of a key witness”); U.S. v. Scoggins, 992 F.2d 164, 167 (8th Cir.1993) (<HOLDING>); Sabath, 990 F.Supp. at 1014 (finding 
 Holding statements: (A) holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case (B) holding that death of potential alibi witness did not cause actual prejudice because defendant failed to relate the substance of the testimony of the missing witness in sufficient detail and to show witness testimony not available from other sources (C) holding that defendant is under an obligation to give the government notice of an alibi witness even if defendant is unable to locate the witness (D) holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness (E) holding that the trial courts admonition of a witness even though detailed and strongly stated did not coerce the witness because the court did not threaten or badger the witness and the court provided the witness with her own counsel to ensure that the decision was voluntary

A: holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case
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Q: two for support). The fallacy of this position is that it confuses and commingles two conflicting strands of case law which follow opposing judicial routes. As noted above, in every case cited by the majority in footnote two, the fruits of a search were deemed admissible only after the search was found to be constitutional, i.e., distinctions as to admissibility of the fruits of a particular search against the consenting occupant and the nonconsenting occupant were never drawn. There is no authority for the majority’s proposition that the fruits of an unconstitutional search should be admitted into evidence. Indeed such a proposition violates one of the founding principles of the Fourth Amendment. See Wong Sun v. United States, 371 U.S. 471, 83 S. Ct. 407, 9 L. Ed. 2d 441 (1963) (<HOLDING>). Most commentators also agree failure to 
 Holding statements: (A) holding that evidence obtained by improper search or seizure is inadmissible (B) holding that the physical fruits of a miranda violation must be suppressed (C) holding that evidence resulting from an unconstitutional search or seizure must be suppressed (D) holding that regardless of the applicable framework defendants statement must be suppressed (E) holding that the evidence obtained as part of an illegal stop should have been suppressed even where the defendants consented to the search

A: holding that evidence obtained by improper search or seizure is inadmissible
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Q: For instance, for some procedural purposes, habeas proceedings are considered “civil.” See, e.g., Browder v. Director, Illinois-Dept. of Corrections, 434 U.S. 257, 269, 98 S.Ct. 556, 563, 54 L.Ed.2d 521 (1978) (“It is well settled that habeas corpus is a civil proceeding.”); Ex parte Tom Tong, 108 U.S. 556, 559-60, 2 S.Ct. 871, 872-73, 27 L.Ed. 826 (1883) (habeas corpus review is a civil proceeding because its purpose is to enforce civil rights). Yet for other purposes, they are not. See, e.g., Harris v. Nelson, 394 U.S. 286, 293-94, 89 S.Ct. 1082, 1087-88, 22 L.Ed.2d 281 (1969) (“Essentially, the proceeding is unique. Habeas corpus practice in the federal courts has conformed with civil practice only in a general sense.”); Ewing v. Rodgers, 826 F.2d 967, 971 (10th Cir.1987) (<HOLDING>). The same inconsistency exists in the 
 Holding statements: (A) holding habeas corpus is not a civil action for purposes of the equal access to justice act provision for award of attorney fees to prevailing party (B) holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees (C) holding buckhannon applicable to the equal access to justice act 28 usc  2412 et seq which authorizes attorneys fees for prevailing parties (D) holding that managing conservator while in texas to seek return of child by writ of habeas corpus may not be served with civil process and is subject to jurisdiction of court in which habeas corpus is pending and only for purpose of prosecuting writ of habeas corpus (E) holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees

A:
holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees
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