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.

Input: Consider Input: we held that, The penetration offense alleged in the first indictment clearly required a separate and distinct act (involving appellee’s sexual organ with the child’s female sexual organ) from the act alleged in the second indictment (which involved appel-lee’s mouth with the child’s sexual organ). In this case the second indictment alleged that appellee caused the child’s sexual organ to contact his mouth ency with a child statute is the prohibited conduct. Appellant concedes to this view, the plain language of the statute supports it, and so does our caselaw. See Harris, 359 S.W.3d at 630 (stating that a grammatical analysis suggests that the unit of prosecution for indecency with a child by exposure is the exposure and, ultimately, adopting that viewpoint); Pizzo, 235 S.W.3d at 718 (<HOLDING>); see also Wallace v. State, 550 S.W.2d 89, 91 
 Holding statements: (A) holding that three phrases contained within the same subsection of the indecencywithaehild statute defined three separate offenses for juryunanimity purposes when separated in the disjunctive (B) holding that a similar statute created separate offenses (C) holding that three denied promotions over the course of three years where the decisions were made by three different selection officials and involved different qualifications were not sufficiently related to constitute a continuing violation (D) holding that the federal carjacking statute as it existed when the defendant was indicted established three separate offenses rather than a single offense with a choice of three maximum penalties and recognizing that this construction avoided serious constitutional questions on which precedent is not dispositive (E) holding that the legislature can define separate offenses within the same statutory subsection even if the acts are in close temporal proximity

Output: (A)


Input: Consider Input: States v. Frechette, 583 F.3d 374, 379 (6th Cir. 2009) (concluding that “[ejvidence that an individual subscribed to child pornography web sites supports the conclusion that he has likely downloaded, kept, and otherwise possessed the material” (quotation omitted)); United States v. Gourde, 440 F.3d 1065, 1070-72 (9th Cir. 2006) (en banc) (concluding that payment and registration for a subscription to child pornography website supported a probable cause determination); United States v. Wagers, 452 F.3d 534, 540 (6th Cir. 2006) (noting that “evidence that a person has visited or subscribed to websites containing child pornography supports the conclusion that he has likely downloaded, kept, and otherwise possessed the material”); United States v. Martin, 426 F.3d 68, 74-76 (2d Cir. 2005) (<HOLDING>); United States v. Bershchansky, 958 F. Supp. 
 Holding statements: (A) holding that an affidavit did not provide probable cause sufficient to validate a warrant where the affidavit stated an incorrect date uncontradicted by any other specific fact in the affidavit (B) holding that probable cause existed to search the defendants residence because the warrant affidavit established probable cause that the defendant possessed stolen firearms and because people generally keep firearms at home or on their persons (C) holding affidavit insufficient to support probable cause when one cannot learn from the affidavit when the past activities occurred and when the observations were made (D) holding that officers possession of affidavit at searched premises without leaving a copy with the occupant was insufficient to allow for consideration of the affidavit in evaluating the constitutionality of the warrant (E) holding that affidavit supported probable cause determination when the affidavit stated only that an occupant of defendants home subscribed to child pornography egroup

Output: (E)


Input: Consider Input: in the murder. See Garafola, 2006 WL 963878, at *3-5. While the petitioner alleges that he is innocent of the murder of Edward Garofalo, as he did in the motion to withdraw his guilty plea, this conclusory allegation is insufficient. See Blackledge v. Allison, 431 U.S. 63, 74, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977) (The petitioner’s “[s]olemn declarations in open court carry a strong presumption of verity [and] [t]he subsequent presentation of conclusory allegations unsupported by specifics is subject to summary dismissal.... ”). The facts in the record, including the ir.2009) (same); Ferguson v. Sec’y for the Dep’t of Corr., 580 F.3d 1183, 1218-20 (11th Cir. 2009) (same); Stanford v. Parker, 266 F.3d 442, 460-61 (6th Cir.2001) (same); Wedra v. Lefevre, 988 F.2d 334, 344 (2d Cir.1993) (<HOLDING>); Grey v. Hoke, 933 F.2d 117, 121 (2d Cir.1991) 
 Holding statements: (A) holding judicial recusal claim barred because of procedural default (B) holding that the novelty of a petitioners claim can constitute cause for a procedural default (C) holding that prosecutorial misconduct was harmless in the face of overwhelming evidence of guilt (D) holding prosecutorial misconduct claim barred by procedural default (E) holding that an ineffective assistance of counsel claim alleged to be cause for the procedural default of other claims is itself an independent claim subject to the procedural requirements of exhaustion


Output: (D)