instruction:
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.
question:
of the writ, the CCA examines the substance of the claim to see if it establishes a prima facie case of retardation, and only upon deciding that question can the state court decide whether remand is appropriate.”). 10 . Brown v. Dretke, 419 F.3d 365, 371 (5th Cir.2005). 11 . 536 U.S. 304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). 12 . Id. at 317, 122 S.Ct. 2242 (quoting Ford v. Wainwright, 477 U.S. 399, 405, 416-17, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986)). 13 . In re Hearn, 418 F.3d 444, 446 (5th Cir.2005). 14 . Ex parte Briseno, 135 S.W.3d 1, 7 & nn. 24-25 (Tex.Crim.App.2004) (citing American Association of Mental Retardation, Mental Retardation: Definition, Classification, and Systems of Support 5 (9th ed.1992)). 15 . See Rivera v. Quarterman, 505 F.3d 349, 361-63 (5th Cir.2007) (<HOLDING>); see also Bri-seno, 135 S.W.3d at 9 (“[T]he 
 Holding statements: (A) holding that trial court did not err (B) holding that the district court did not clearly err in finding that defendant suffered from significantly subaverage intellectual functioning and related limitations in adaptive functioning (C) holding that a district court did not clearly err in finding materiality where the prior art reference at issue had been considered material by examiners in related foreign patent applications (D) holding that a trial court did not clearly err in finding that an attorney fees clause materially altered a contract (E) holding that superior court did not clearly err in finding that the parent had not remedied the problematic conduct
answer:
(B)


question:
IV, V, VI and XIV. See Answee, Docket # 8, Exh. A, pp. 13-14. In order to allow the state courts the opportunity to act on or correct the violations alleged, the Applicant must do more than just invoke the magic words “fair trial,” or “due process,” or make only cursory citation to the appropriate constitutional amendments. He must provide legal theory explaining how the admission of the statements or testimony violated these particular federal constitutional rights. See, e.g., Anderson v. Harless, 459 U.S. 4, 7-8, 103 S.Ct. 276, 74 L.Ed.2d 3 (1982) (claim on direct appeal that jury instruction was reversible error did not fairly present due process challenge to instruction for habeas exhaustion purposes); Picard v. Connor, 404 U.S. 270, 276-77, 92 S.Ct. 509, 30 L.Ed.2d 438 (1971) (<HOLDING>); see, also, Thomas v. Gibson, 218 F.3d 1213, 
 Holding statements: (A) holding in preaedpa case habeas applicant failed to fairly present federal claim to state court where despite presenting all necessary facts applicant failed to assert specific argument that he later tried to raise in federal court (B) holding that where defendant failed to raise defense of plaintiffs fraud in federal court defendant is barred from raising that issue in state court (C) holding that habeas petitioner scheduled to be executed in the state of virginia for capital murder could not raise claim of violation of his rights under the vienna convention on federal habeas review where he failed to preserve the claim by raising it in state court proceedings vienna convention does not trump subsequent federal statute requiring habeas petitioners who claim to be held in violation of treaties of the united states to develop factual bases for their claims in state court as a precondition of federal habeas review (D) holding applicants general state court claim was insufficient to exhaust his later more specific federal habeas claim (E) holding that a federal court may deny an unexhausted habeas petition on the merits when it is perfectly clear that the applicant does not raise even a colorable federal claim
answer:
(A)


question:
hardship has been rebutted “nothing in § 524(m)(l) expressly prohibits the court from considering other factors (such as the debtor’s best interest, as under § 524(c)(6)(A)).”). Reaffirmation of the debt does not appear to provide any benefit to the Debtor. The Debtor does not reside in the Property, does not maintain any equity in the Property, and Debtor’s counsel was unable to indicate what benefit, if any, the Debtor would derive in exchange for her reaffirmation of the debt. (See Audio Recording of Hearing Held in Courtroom D, January 20, 2012 (10:19-10:21 AM)). While the Debtor’s desire to protect her co-owning daughter’s interest in the Property is understandable, it does not appear to be in the Debtor’s best interest. See In re Hoffman, 358 B.R. 889, 843-44 (Bankr.W.D.Va.2006) (<HOLDING>). Further, just because this Court will 
 Holding statements: (A) holding that when information which potentially undermines the best interest of the child as well as the interest sought to be protected by the legitimation statutes and the policy of this state it must first be tested in light of the best interest of the child standard (B) recognizing minnesotas interest in protecting the interests of the child (C) holding that reaffirming an unaffordable debt for the purpose of protecting a coobligor was not in the debtors best interest (D) holding that a debt incurred for a personal family or household purpose is a consumer debt even though it is secured by the debtors real property (E) holding that the governments interest in the welfare of children embraces not only protecting children from physical abuse but also protecting childrens interest in the privacy and dignity of their homes and in the lawfully exercised authority of their parents
answer:

(C)