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]: the State argued that Wright and Jackson were the two shooters at the trials of Wright, Oglesby, and Jackson. The State denies that it presented mutually exclusive, false, or misleading evidence. It contends that the evidence permits two factual scenarios: the shooters were either Jackson and Wright or Jackson and defendant. This is not a case where the prosecutor destroyed the credibility of one witness to convict one defendant and then used that same witness to convict a co-defendant for the same crime. See, e.g., Drake v. Kemp, 762 F.2d 1449 (11th Cir.1985), cert. denied, 478 U.S. 1020, 106 S.Ct. 3333, 92 L.Ed.2d 738 (1986). Nor is this a case where the prosecutor improperly argued facts that were unsupported by the evidence. Nichols v. Collins, 802 F.Supp. 66, 75 (S.D.Tex.1992) (<HOLDING>), habeas corpus denied, sub nom, Nichols v. 
 Holding statements: (A) holding that the defendant may not state one ground at trial and another on appeal (B) holding that where trial court is trier of fact and has made an affirmative deadly weapon finding it retains discretion to enter finding in judgment (C) holding that although trial courts oral opinion may be used as a reference in the interpretation of its written findings of fact it is not a finding of fact (D) holding to preserve an issue for appellate review the issue must have been raised to and ruled upon by trial court and a party may not argue one ground for objection at trial and another ground on appeal (E) holding in case in which defendant challenged his murder conviction and death sentence on ground that states conflicting theories in the trial of his accomplice constituted a denial of due process that state may be constitutionally estopped from obtaining a fact finding in one trial and seeking and obtaining an inconsistent fact finding in another trial
[A]: holding that the defendant may not state one ground at trial and another on appeal


[Q]: rules or orders.” Tex. Health & Safety Code Ann. § 382.113(a). The legislature imposed only the two restrictions previously mentioned: an ordinance must be consistent with the Act and the commission’s rules and orders and may not make unlawful a condition or act approved or authorized under the Act or the commission’s rules or orders. Id. § 382.113(b). If the ordinance violates one of these restrictions, however, then its preemption is implied with unmistakable clarity. We therefore turn next to the first of these restrictions and address the question of whether the Act and the ordinance are consistent. 3. The Clean Air Act and the tent with state legislation, we begin by comparing the purpose of each. See City of Weslaco v. Melton, 158 Tex. 61, 63-64, 308 S.W.2d 18, 19-20 (1958) (<HOLDING>); see also City of Brookside Vill. v. Comeau, 
 Holding statements: (A) recognizing the two different types of conspiracies under the federal statute (B) holding state and federal actions not parallel for colorado river purposes because the remedies were different  one was equitable and the other compensatory  and the sources of law came from different states (C) holding that an implied warranty of merchantability does not create a labeling requirement different from or in addition to those mandated by fifra because the implied warranty of merchantability arises from the sale itself not from a state labeling regulation citation omitted (D) holding that completing sixth grade and a limited ability to read were not inconsistent with a valid iq score of 68 (E) holding that an ordinance banning the sale of grade a raw milk was not inconsistent with a state statute for grading and labeling milk because the two provisions served different purposes
[A]: recognizing the two different types of conspiracies under the federal statute


[Q]: the jury with explicit details of the contents of the video that the jury could use to assess the film's appeal to children's prurient interests, its offensiveness to community standards about what is appropriate for children and its lack of other value for 12- to 14-year-olds. The jury was able to make its own decision as to the credibility of the witnesses. Poellinger, 153 Wis. 2d at 506. ¶ 24. The United States Supreme Court, federal courts, and Wisconsin courts are uniform in concluding that questions of whether material appeals to prurient interests, satisfies community standards for potentially obscene material or has literary, artistic, political, scientific or educational value may be appropriately decided by a jury. See Paris Adult Theatre I v. Slaton, 413 U.S. 49, 56 (1973) (<HOLDING>); see also United States v. Wild, 422 F.2d 34 
 Holding statements: (A) holding in an obscenity case it was not error to fail to require expert affirmative evidence that the materials were obscene (B) holding that disclosure of grand jury materials to parole commission was harmless error (C) recognizing that the need for the expert was so great that the decision to preclude the expert effectively amounted to dismissal of case (D) holding that expert testimony is unnecessary where the case is not a case in which lay jurors would be unable to grasp the issues without expert assistance (E) holding that using the opinions of an expert that were not testified to during trial which were irrelevant and solely used to destroy the credibility of the expert was not admissible
[A]:
holding that disclosure of grand jury materials to parole commission was harmless error