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.
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Question: that subsequent extraneous offenses are admissible to show a defendant’s intent as to an earlier offense. See U.S. v. Germosen, 139 F.3d 120, 128 (2nd Cir.1998) (upholding admission of subsequent act under Federal Rule of Evidence 404(b) to show intent regarding charged offense and holding, “[t]he fact that the evidence involved a subsequent rather than prior act is of no moment”); U.S. v. Latney, 108 F.3d 1446, 1449 (D.C.Cir.) (construing Federal Rule of Evidence 404(b) and holding that it “draws no distinction b Austin 1990, no pet.) (same). Accordingly, we hold that the trial court did not abuse its discretion by rejecting Russell’s contention that the Vogt Street offense was not admissible simply because it occurred after the Fast Freddy’s offense. Cf. Montgomery, 810 S.W.2d at 380 (<HOLDING>). Although, based on the authorities cited by 
 Holding statements: (A) holding that the grant of an injunction is reviewed for abuse of discretion but without deference to the legal conclusions of the trial court (B) recognizing that an appellate court reviews a trial courts decision whether or not to grant equitable relief only for an abuse of discretion (C) holding failure to exercise discretion is abuse of discretion (D) holding not an abuse of discretion to deny funds (E) recognizing that an abuse of discretion occurs when the trial court acts without reference to any guiding principles or rules

Answer: holding that the grant of an injunction is reviewed for abuse of discretion but without deference to the legal conclusions of the trial court


Question: Joseph F. Nascimento and his minor daughter Kendall E. Nascimento appeal pro se the district court’s dismissal, pursuant to Fed.R.Civ.P. 12(b)(6), of their civil rights action seeking reversal of a Montana state court decision regarding the custody of Kendall Nascimento. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court’s dismissal and affirm. See H.C. v. Koppel, 203 F.3d 610, 613 (9th Cir.2000) (<HOLDING>); see also Branson v. Nott, 62 F.3d 287, 291 
 Holding statements: (A) holding that a court should abstain when an exercise of jurisdiction might lead to a parallel federal regulatory review mechanism complicating state administration (B) holding that federal district courts should abstain from interfering with pending state court proceedings (C) holding that courts should only abstain under younger if the state proceedings are coercive and not remedial and citing a number of district court opinions (D) recognizing that the longstanding public policy against federal court interference with state court proceedings generally requires federal courts to abstain from involvement in state criminal proceedings (E) holding that federal courts should apply state substantive law

Answer: holding that a court should abstain when an exercise of jurisdiction might lead to a parallel federal regulatory review mechanism complicating state administration


Question: free exercise claim pursuant to the “hybrid rights” doctrine. Kane, 2006 WL 997217 *26. The Kane court agreed that “Smith may be read to impose strict scrutiny in ‘hybrid situation[s]’ in which a law ‘involve[s] not the Free Exercise Clause alone, but the Free Exercise clause in conjunction with other constitutional protections.’ ” Kane, 2006 WL 997217 *26 (quoting Smith, 494 U.S. at 881-82, 110 S.Ct. 1595). To assert a “hybrid rights” claim in the Ninth Circuit, however, “a free exercise plaintiff must make out a colorable claim that a companion right has been violated — that is, a fair probability or a likelihood, but not a certitude, of success on the merits.’ ” Kane, 2006 WL 997217 *26 (quoting Miller v. Reed, 176 F.3d 1202, 1207 (9th Cir. 1999)). See also, Truth, 542 F.3d at 651 (<HOLDING>). Because Plaintiffs’ free speech claim fails 
 Holding statements: (A) recognizing that free exercise claims implicating other constitutional protections such as free speech could qualify for strict scrutiny review to the extent the plaintiff could make out a colorable claim that it was denied an exemption from the school districts nondiscrimination claim based on religion or content of speech (B) holding that first amendment protections apply to compelled speech as well as restrictions on speech (C) holding that campaign money laundering was in furtherance of political speech but an invalid exercise of free speech rights because it was illegal (D) holding that discrimination based on religion is subjected to strict scrutiny whether a claim arises under the establishment clause the free exercise clause of equal protection clause (E) holding that claim under connecticut law for employer discrimination based upon the employees exercise of privacy and free speech rights not preempted

Answer:
holding that first amendment protections apply to compelled speech as well as restrictions on speech