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: so complete a defense as he might reasonably have desired”), cert. denied, 513 U.S. 820, 115 S.Ct. 81, 130 L.Ed.2d 34 (1994); 2d Cir.: United States v. Lawal, 736 F.2d 5, 9-10 (1984) (applying authorities for non-constitutional error to erroneous exclusion of hearsay); 3d Cir.: United States v. Asher, 854 F.2d 1483, 1498-1500 (3d Cir.1988) (making "non-constitutional 'harmless error' determination” for erroneous exclusion of hearsay), cert. denied, 488 U.S. 1029, 109 S.Ct. 836, 102 L.Ed.2d 969 (1989); 4th Cir.: United States v. Jones, 976 F.2d 176, 184-85 (1992) (citing Kotteakos as authority for holding erroneous exclusion of hearsay was harmless), cert. denied, 508 U.S. 914, 113 S.Ct. 2351, 124 L.Ed.2d 260 (1993); 5th Cir.: United States v. Barnett, 945 F.2d 1296, 1301 n. 3 (1991) (<HOLDING>), cert. denied, 503 U.S. 941, 112 S.Ct. 1487, 
 Holding statements: (A) holding erroneous exclusion of hearsay harmless under fedrcrimp 52a (B) holding second sentence of a nearly identical exclusion did not limit the scope of the exclusion (C) holding erroneous exclusion of hearsay did not deny defendant a substantial right (D) holdingthat erroneous admission of hearsay did not prejudiceresults of trial so as to require reversal (E) holding that exclusion of hearsay statements violated due process even though statements were not admissible under mississippi law which did not recognize declarations against penal interest as a exception to the rule against hearsay

A: holding erroneous exclusion of hearsay harmless under fedrcrimp 52a
****
Q: theory, once the police ... [make] a show of authority designed to produce a stop, the Fourth Amendment is implicated. If, in response to unjustified police actions, the suspect thereafter abandons the property he or she is carrying, then the property abandoned, be it illegal drugs, stolen goods, or other evidence, normally cannot be used against the accused. Clancy, The Supreme Court’s Search for a Definition of a Seizure: What is a “Seizure” of a Person Within the Meaning of the Fourth Amendment? 27 AvlCRIm. L.Rev. 619, 648 (1990). It is undisputed that Johnson denied ownership of the gun when Silvers showed it to him. Tr. at 53, 71. He can thus be fairly said to have exhibited the requisite intent to abandon the gun. See United States v. Veatch, 674 F.2d 1217, 1221 (9th Cir.1981) (<HOLDING>); see also United States v. Canady, 615 F.2d 
 Holding statements: (A) holding due process is not violated when failure to receive notice is the result of attorneys decision to abandon law practice (B) holding that neither the language nor the legislative history of the fcpa indicates the congressional intent to create a private right of action (C) holding that a demal of ownership indicates intent to abandon (D) holding that shall generally indicates a mandatory intent unless a convincing argument to the contrary is made (E) holding use of word may generally indicates permissive rather than mandatory intent

A: holding due process is not violated when failure to receive notice is the result of attorneys decision to abandon law practice
****
Q: is fixed by 18 U.S.C. § 4042, independent of an inconsistent state law.” 374 U.S. at 164-65, 83 S.Ct. 1850. Section 4042 requires that the BOP “provide for the safekeeping, care, and subsistence” of persons in its custody. § 4042(a)(2). Pappas argues that, under Muniz, the duty of care in § 4042 trumps any inconsistent Oklahoma duty of care. We need not address that question because the duty of care established by § 4042 does not appear inconsistent with Oklahoma law, which has noted the general rule that custodial personnel “must exercise reasonable care and diligence to protect those in [their] custody from known or reasonably perceivable dangers.” Seiler v. City of Bethany, 746 P.2d 699, 700 (Okla.Ct.App.1987) (c Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994) (<HOLDING>). Pappas asserts that the district court 
 Holding statements: (A) holding that the burden rests upon the party seeking benefits to prove the injury sustained was the result of an accident arising out of and in the course of employment and the rule of liberal construction is not a substitute for the claimants burden of establishing his claim by a preponderance of the evidence (B) holding that the burden of proof lies on the party asserting the protection of the work product doctrine (C) holding the law presumes that a cause lies outside the limited jurisdiction of the federal courts and the burden of establishing the contrary rests upon the party asserting jurisdiction (D) holding that the law presumes that the jury will follow the courts instructions (E) holding that the party asserting work product protection has the burden of establishing that the doctrine applies

A:
holding that the burden rests upon the party seeking benefits to prove the injury sustained was the result of an accident arising out of and in the course of employment and the rule of liberal construction is not a substitute for the claimants burden of establishing his claim by a preponderance of the evidence
****