TASK DEFINITION: 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.
PROBLEM: IV, V, VI and XIV. See Answee, Docket # 8, Exh. A, pp. 13-14. In order to allow the state courts the opportunity to act on or correct the violations alleged, the Applicant must do more than just invoke the magic words “fair trial,” or “due process,” or make only cursory citation to the appropriate constitutional amendments. He must provide legal theory explaining how the admission of the statements or testimony violated these particular federal constitutional rights. See, e.g., Anderson v. Harless, 459 U.S. 4, 7-8, 103 S.Ct. 276, 74 L.Ed.2d 3 (1982) (claim on direct appeal that jury instruction was reversible error did not fairly present due process challenge to instruction for habeas exhaustion purposes); Picard v. Connor, 404 U.S. 270, 276-77, 92 S.Ct. 509, 30 L.Ed.2d 438 (1971) (<HOLDING>); see, also, Thomas v. Gibson, 218 F.3d 1213, 
 Holding statements: (A) holding in preaedpa case habeas applicant failed to fairly present federal claim to state court where despite presenting all necessary facts applicant failed to assert specific argument that he later tried to raise in federal court (B) holding that where defendant failed to raise defense of plaintiffs fraud in federal court defendant is barred from raising that issue in state court (C) holding that habeas petitioner scheduled to be executed in the state of virginia for capital murder could not raise claim of violation of his rights under the vienna convention on federal habeas review where he failed to preserve the claim by raising it in state court proceedings vienna convention does not trump subsequent federal statute requiring habeas petitioners who claim to be held in violation of treaties of the united states to develop factual bases for their claims in state court as a precondition of federal habeas review (D) holding applicants general state court claim was insufficient to exhaust his later more specific federal habeas claim (E) holding that a federal court may deny an unexhausted habeas petition on the merits when it is perfectly clear that the applicant does not raise even a colorable federal claim

SOLUTION: (A)

PROBLEM: pre-trial release on April 12, 1985. Although this appeal has received expedited review, a decision has not yet been rendered by the Second Circuit. Thus a total of only fifty-six (56) non-excludable days have elapsed since Leon was arrested and detained (assuming that the filing of Elba Rodriguez’s omnibus motion stopped the clock as to all the co-defendants). DISCUSSION Leon’s first argument is based upon the interpretation of Section 3164(b) itself, which provides that, “[t]he periods of delay enumerated in Section 3161(h) are excluded in computing the time limitations specified in this section.” Leon argues that this sent C.Cir.1976) and United States v. Mejias, 417 F.Supp. 579 (S.D.N.Y.1976), aff'd. on other grounds, sub nom., United States v. Martinez, 538 F.2d 921 (2d Cir.1976) (<HOLDING>). According to the House Report accompanying 
 Holding statements: (A) holding generally that new rules of law should not be applied retroactively in habeas corpus cases (B) holding that a court examining if a law should be applied retroactively should consider whether the new provision attaches new legal consequences to events completed before its enactment (C) holding that the first amendment definition should be applied by analogy in the franks setting (D) holding that factor 10 should not be applied when the victim is the only one at risk (E) holding that the exclusions should be applied

SOLUTION: (E)

PROBLEM: that he wishes to remain silent, the interrogation must cease. At this point he has shown that he intends to exercise his Fifth Amendment privilege; any statement taken after the person invokes his privilege cannot be other than the product of compulsion, subtle or otherwise. Without the right to cut off questioning, the setting of in-custody interrogation op erates on the individual to overcome free choice in producing a statement after the privilege has been once invoked.” The court elaborated on this principle in Michigan v. Mosely, 423 U.S. 96, 103-104 (1975) as follows: “Through the exercise of his option to terminate questioning he (the suspect) can control the time at which questioning occurs, the subjects discussed, and the duration of the interrogation. The requireme (1989) (<HOLDING>). In Commonwealth v. Peterson, C.C.P. Lehigh, 
 Holding statements: (A) holding that juveniles request for parent is invocation of fifth amendment rights (B) holding that defendants invocation of miranda rights is inadmissible to prove defendants sanity (C) holding that defendants request to call his mother to get an attorney was an invocation of miranda rights requiring that further questioning must end (D) holding that smith who was 15 years old could waive his miranda rights and his right to have an attorney or parent present during questioning by police (E) holding police violated edwards when they continued questioning a defendant after his initial invocation of the right to counsel even though he responded to the subsequent questioning

SOLUTION:
(C)