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.
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Question: or property on which it is found, is insufficient to support a finding of possession.” Murray v. United States, 403 F.2d 694, 696 (9th Cir.1969) (internal quotation marks and citations omitted). In other words, there must be additional proof of knowledge and control to sustain a conviction for possession. Although control of marijuana may be established by evidence that a person smoked marijuana, the smoke in the hotel room does not provide the additional proof necessary to sustain Petitioner’s conviction. As discussed above, the record in this case supports merely an inference that someone smoked marijuana in the room, not that Petitioner, one of five occupants of the room, smoked marijuana. In Garrison, 272 Md. 123, 321 A.2d 767, Judge O’Donnell, writing for t .2d 252, 254 (1971) (<HOLDING>); Davis v. State, 9 Md.App. 48, 55, 262 A.2d 
 Holding statements: (A) holding evidence of presence of marijuana plants on property puckett jointly owned with his wife was not sufficient to create rational inference that puckett was in possession of the marijuana (B) holding that a defendants conviction for two possession of marijuana counts could not be supported by his possession of two marijuana cigarettes dropped from his hand and again for his possession of several packets of marijuana found in a nearby jacket during the same search (C) holding evidence of marijuana plants on premises defendant owned with his wife insufficient where marijuana plants were grown in an uncultivated area and there was a total absence of evidence of the defendants involvement (D) holding that jurys failure to find the defendant guilty of possession of marijuana could not be reconciled with a verdict of guilty of possession of marijuana with intent to purchase (E) holding that guilty plea to indictment charging distribution of 1000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea

Answer: (A)


Question: this authority explicitly by statute in 11 U.S.C. § 362. Nor is there any danger of the bankruptcy court having prejudiced Appellant’s rights under Puerto Rico common law. As the bankruptcy court itself stated, the Appellant remains free to present her arguments under Puerto Rico law at the appropriate time, during the foreclosure proceedings in Puerto Rico’s commonwealth courts. (See Hearing Tr., Docket No. 1-7 at 11.) Therefore, any attempts to link this case to the holding in Stem are mistaken. We reject Appellant’s attempt to challenge this routine and plainly constitutional exercise of the bankruptcy court’s authority. This case, thus, fits squarely with several other cases that have been resolved in the wake of Stem. See In Re DiVittorio, 670 F.3d 273, 282 n. 4 (1st Cir.2011) (<HOLDING>); In Re Garcia, 471 B.R. 324, 329 
 Holding statements: (A) holding that stem did not change a bankruptcy courts authority to decide questions impacting whether to grant relief from automatic stay (B) holding that the automatic stay did not bar the filing of a proof of claim where the debtor actively litigated a separate action during the pending bankruptcy proceeding because to permit the automatic stay provision to be used as a trump card played after an unfavorable result was reached  would be inconsistent with the underlying purpose of the automatic stay (C) holding that the bankruptcy court relinquishes jurisdiction over estate property when it grants relief from the automatic stay (D) recognizing district courts authority to dispose of contempt action for violation of automatic stay of bankruptcy (E) holding that bankruptcy court order that a stay applied to a particular party was a final order and noting that bankruptcy court orders lifting or denying relief from an automatic stay are final for purposes of appeal

Answer: (A)


Question: motions for summary judgments.” Dyes, 611 So.2d at 128. We agree with the legal principle stated, but disagree that it applies to the situation presented here. Louisiana Code of Civil Procedure article 966 B sets forth the documentation to be considered on a motion for summary judgment, stating, “[t]he judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law.” Article 966 B specifically authorizes consideration of depositions. This includes any depositions “on file,” even if simply attached to a memorandum. Aydell v. Sterns, 98-3135 (La.2/26/99), 731 So.2d 189-190 (<HOLDING>). See also Hutchinson v. Knights of Columbus, 
 Holding statements: (A) holding that when the trial court proceeded to consider affidavits submitted with motion to reconsider summary judgment the affidavits were properly before the appellate court for purposes of reviewing the propriety of the trial courts grant of summary judgment (B) holding that a claim not pleaded in the petition ie the complaint was not properly before the court on a motion for summary judgment (C) holding that the court could not conclude that the plaintiffs deposition testimony was so contradictory of the statements contained in plaintiffs affidavit as to foreclose the affidavits use for summary judgment purposes (D) holding that information contained in affidavits and depositions submitted as attachments to a memorandum were properly before the trial court and appellate court for purposes of a motion for summary judgment (E) holding that claims raised for the first time in an opposition to a motion for summary judgment are not properly before a court

Answer:
(D)