instruction:
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.
question:
That decision will not be disturbed on appeal even in cases in which the record does not reflect that the issue was ever considered by the parties or the trial court. Wilson, 692 S.W.2d at 671. As appellee points out, Wilson was a case in which the defendant appealed after the trial court denied his motion to suppress, and did not involve a State’s appeal. Wilson, 692 S.W.2d at 668 (noting at the time Wilson was decided that the State did not have the right to appeal the granting of a motion to suppress); Flores, 871 S.W.2d at 720. Although distinguishable in this respect, the reasoning of Wilson is still applicable to the instant case and the observations made in Wilson remain true regardless of which party originally initiates the appellate process. Cf. Wilson, 692 S.W.2d at 668 (<HOLDING>); State v. Brady, 763 S.W.2d 38, 42 (Tex.App. — 
 Holding statements: (A) recognizing though not relying upon the line of cases which hold the government may raise the issue of standing for the first time on appeal regardless of whether the motion to suppress was granted or denied (B) holding that a defendant who fails to raise a specific issue as the basis for suppression in a motion to suppress to the district court has waived the right to raise that issue on appeal (C) holding that standing is a jurisdictional issue that can be raised for the first time on appeal (D) holding that a party may not raise an issue for the first time on appeal (E) holding defendants argument the court erroneously denied his motion to suppress was reviewable as a constitutional issue even though defendant failed to raise the issue in a written posttrial motion
answer:
(A)


question:
as here, the recalcitrant witness is at liberty pending appeal. In so holding, we join all of the circuits which have squarely addressed the issue. See In re Grand Jury Matter, 906 F.2d 78, 82-83 (3d Cir.1990), cert. denied sub nom. Backiel v. United States, — U.S. -, 111 S.Ct. 509, 112 L.Ed.2d 521 (1990); In re Sealed Case, 829 F.2d 189 (D.C.Cir.1987); In re Grand Jury Proceedings, 785 F.2d 629, 631 n. 4 (8th Cir.1986); United States v. Johnson, 736 F.2d 358, 361-62 n. 5 (6th Cir.1984); In re Witness Before Special October 1981 Grand Jury, 722 F.2d 349, 353 (7th Cir.1983); In re Rosahn, 671 F.2d 690, 694 (2d Cir.1982); Brown v. United States, 465 F.2d 371, 372 (9th Cir.1972). But see In re Berry, 521 F.2d 179 (10th Cir.), cert. denied, 423 U.S. 928, 96 S.Ct. 276, 46 L.Ed.2d 256 (1975) (<HOLDING>). The foregoing cases have noted that the 
 Holding statements: (A) holding that the deadmans statute should not be extended by judicial construction to cases not clearly within its terms (B) recognizing that denying outofeell exercise for extended periods may constitute cruel and unusual punishment (C) holding that it may not (D) holding that the statutes 30 day provision is mandatory and may not be extended and dicta that it may not be extended by release from incarceration (E) holding that statutory habeas jurisdiction extended to guantanamo
answer:
(D)


question:
who wore beards as a matter of their religious obligation. See id. at 360-61. This kind of unequal treatment, the Court of Appeals held, “indicates that the [police department] has made a value judgment that secular (i.e., medical) motivations for wearing a beard are important enough to overcome its general interest in uniformity, but that religious motivations are not.” Id. at 366. Subsections (b)(1) and (2) are also rooted in Establishment Clause jurisprudence where the Supreme Court has disapproved of unequal treatment of religious activities measured against secular ones. See Kir-yas Joel Village, 512 U.S. at 704, 114 S.Ct. 2481 (stating that “civil power must be exercised in a manner neutral to religion”); Zorach v. Clauson, 343 U.S. 306, 314, 72 S.Ct. 679, 96 L.Ed. 954 (1952) (<HOLDING>). This bar to unequal treatment is, of course, 
 Holding statements: (A) holding jury is sole judge of witness credibility and may believe some witnesses and refuse to believe others (B) holding that no meaningful distinction exists between those who leave their native country and those who already outside decline to return (C) holding that government may not prefer those who believe in no religion over those who do believe (D) holding that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed it (E) holding jury as judge of credibility may believe all some or none of the testimony
answer:

(C)