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.

Q: appropriate relief for such a violation is for the habeas court to “vacate the judgment of conviction and enter a new judgment from which an appeal can be taken.” Id. Defendant argues that the Peak line of eases applies to his situation, and that his appellate rights should thus be reinstated. However, the Peak rule does not apply in defendant’s ease, as the appeal at issue is not an appeal from a conviction. A Sixth Amendment right to counsel does not attach to an appeal from a supervised release revocation hearing. Borrego v. United States, 975 F.Supp. 520, 523 (S.D.N.Y.1997). This follows logically from the fact that there is no guaranteed constitutional right to counsel at the supervised release revocation hearing itself. See United States v. Meeks, 25 F.3d 1117, 1123 (2d Cir.1994)(<HOLDING>); see also United States v. Pelensky, 129 F.3d 
 Holding statements: (A) holding that defendants have a right to counsel in criminal proceedings (B) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (C) recognizing constitutional right to effective counsel (D) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (E) holding that most of the fundamental constitutional procedural protections that are normally applicable to a criminal prosecution are not required for supervisedrelease proceedings as a matter of constitutional law including a right to counsel

A: (E)
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Q: and Defendants, therefore, terminated her employment without notice and an opportunity to be heard. A § 1983 claim for deprivation of procedural due process has three elements: “(1) a deprivation of a constitutionally-protected liberty or property interest; (2) state action; and (3) constitutionally-inadequate process.” Grayden v. Rhodes, 345 F.3d 1225, 1232 (11th Cir.2003). Thus, the Due Process Clause protects one’s job only where one has a property right in that job. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 541, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985). Defendants do not dispute that Plaintiff was a non-probationary employee in Alabama’s classified service and, therefore, had a property interest in her position. See Ex parte Moulton, 116 So.3d 1119, 1133-35 (Ala.2013) (<HOLDING>) (quoting Bd. of Regents v. Roth, 408 U.S. 564, 
 Holding statements: (A) recognizing that plaintiff can bring action under due process clause of state constitution (B) holding that the due process clause protects only those liberty interests created by the state (C) holding that a state agency created under state law was a state actor (D) holding that whether children are legitimate for purposes of entitlement to insurance benefits is determined by state law (E) holding that the federal due process clause protects a state employee who under state law has a legitimate claim of entitlement to state employment

A: (E)
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Q: v. Green, 944 So.2d 208 (Fla.2006), Barrios-Cruz’s motions are still untimely. Affirmed. KHOUZAM and MORRIS, JJ., Concur. 1 . Courts that have concluded that Padilla should be applied retroactively include: People v. Bennett, 28 Misc.3d 575, 903 N.Y.S.2d 696 (N.Y.Crim.Ct.2010); Marroquin v. United States, 2011 WL 488985 (S.D.Tex. Feb.4, 2011); United States v. Hubenig, 2010 WL 2650625 (E.D.Cal. Jul.l, 2010); United States v. Chaidez, 730 F.Supp.2d 896 (N.D.Ill.2010); Martin v. U.S., 2010 WL 3463949 (C.D.Ill. Aug.25, 2010); and Al Kokabani v. United States, 2010 WL 3941836 (E.D.N.C. Jul.30, 2010). Courts that have reached the opposite conclusion include: People v. Kabre, 29 Misc.3d 307, 905 N.Y.S.2d 887 (N.Y.Crim.Ct.2010); United States v. Macedo, 2010 WL 5174342 (N.D.Fla. Dec.15, 2010) (<HOLDING>); United States v. Hough, 2010 WL 5250996 
 Holding statements: (A) holding that cage has been made retroactive to cases on collateral review (B) holding simply that padilla was not made retroactive to cases on collateral review without further analysis (C) holding the supreme court has not held in a case or a combination of cases that the rule in johnson is retroactive to cases on collateral review and therefore it has not made johnson retroactive (D) holding that until the supreme court rules otherwise apprendi is not a new rule of constitutional law made retroactive to cases on collateral review  that was previously unavailable (E) holding that padilla does not announce a new rule of constitutional criminal procedure and listing in footnotes three eases finding that padilla announced a new rule of criminal procedure and seven cases finding that padilla is simply the application of an old rule

A:
(B)
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