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.

Example Input: rule is limited to questions that seek evidence about the informant’s police sanctioned conduct in apprehending a suspect, then the informant’s claim of privilege under such circumstances would be spurious. In this context he is immune from prosecution. We believe that this is the correct limitation because Norman is premised on a line of cases holding that state agents are not accomplices to illegal conduct of which they are charged to discover. Norman quotes Ex parte Turner, 545 S.W.2d 470 (Tex.Cr.App.1977) for the proposition that the law is well settled that if an informant is acting as a state agent, then the informant’s claim of privilege under the Fifth Amendment is spurious. Id. at 344. In turn, Turner, supra, is premised upon Woodward v. State, 490 S.W.2d 850 (Tex.Cr.App.1973) (<HOLDING>). See also, Vela v. State, 373 S.W.2d 505 
 Holding statements: (A) holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred (B) holding that an undercover agent is not an accomplice as long as the agent does not bring about the crime but merely obtains evidence to be used against those engaged in crime (C) holding that expert testimony of irs agent regarding tax liability did not usurp the function of the jury as agent did not give her opinion about the guilt of the defendant (D) holding that a private citizen acting as undercover agent is not an accomplice witness so long as he does not bring about the crime (E) holding that the employer was not the insurers agent
Example Output: holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred

Example Input: S.Ct. 1215, 43 L.Ed.2d 570 (1975).” Peters v. Narick, 165 W.Va. 622, 628 n. 13, 270 S.E.2d 760, 768 n. 13 (1980). This Court has determined repeatedly that the West Virginia Constitution may be more protective of individual rights than its federal counterpart. See, e.g., State v. Bonham, 173 W.Va. 416, 317 S.E.2d 5 Daley, 174 W.Va. 299, 324 S.E.2d 713 (1984) (state constitution compels striking limitation on soliciting after sunset even if federal constitution does not); Woodruff v. Board of Trustees of Cabell Huntington Hospital, 173 W.Va. 604, 611, 319 S.E.2d 372, 379 (1984) (Article III, § 1 "more stringent in its limitation on waiver [of fundamental rights] than is the federal constitution”); Pushinsky v. West Virginia Board of Law Examiners, 164 W.Va. 736, 266 S.E.2d 444 (1980) (<HOLDING>); Pauley v. Kelly, 162 W.Va. 672, 707, 255 
 Holding statements: (A) recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution (B) recognizing that state constitution imposes more stringent limitations on power of state to inquire into lawful associations and speech than those imposed by federal constitution (C) recognizing exception under state constitution (D) holding that appellate court assumes appellant claims no greater protection under state constitution than that provided by federal constitution when state and federal claims not briefed separately (E) holding missouri constitution requires stricter separation of church and state than does federal constitution
Example Output: recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution

Example Input: has sixty days after the judgment to file a notice of appeal. Fed. R.App. P. 4(a)(1)(B). Although the parties no longer contest the timeliness of this appeal, the timely filing of an appeal is “mandatory and jurisdictional.” Acevedo-Villalobos v. Hernandez, 22 F.3d 384, 387 (1st Cir.1994) (internal quotation marks omitted). Therefore, unless the sixty-day rule applies, we must dismiss for lack of jurisdiction. See id. (noting that court “lack[s] jurisdiction over late appeals”). The United States, its officer, or agency is a “party” to a case not only where it is a named party to the appeal, see In re Lloyd, Carr, & Co., 617 F.2d 882, 884 n. 1 (1st Cir.1980), but also where it has actively participated in the proceedings, see id.; cf. In re Serrato, 117 F.3d 427, 429 (9th Cir.1997) (<HOLDING>). This appeal encompasses challenges to two 
 Holding statements: (A) holding that us trustee did not become party merely by his involuntary appearance to quash a summons (B) holding that defendant did not waive his special appearance by filing a motion for new trial subject to the special appearance (C) holding that defendant did not waive special appearance (D) holding that party waived special appearance (E) holding the notice of appearance was not a motion under rule 12b2 4 or 5 and therefore the filing of the notice constituted a voluntary appearance by the defendants in this action which was the equivalent of the service of the summons upon them
Example Output:
holding that defendant did not waive his special appearance by filing a motion for new trial subject to the special appearance