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: should be drawn from the defendant's failure to call his accomplices to testify. The prosecutor remarked only that Mitchell had the power to subpoena witnesses, and that the defense could do so "if they thought it would contradict something [the State! presented.” In light of defense counsel’s earlier statements that "clearly you have a situation where a misidentification could take place,” and that the jury should be able to see Corprew, Cochran, and Henderson in the courtroom, the prosecutor's remarks did not relate to the substance of those witnesses’ potential testimonies. Had the prosecutor inferred that Corprew, Cochran, and Henderson would have testified unfavorably to the defense, that inference might well have conflicted with Christensen, 274 Md. at 140-41, 333 A.2d at 49 (<HOLDING>). Nevertheless, we conclude that the 
 Holding statements: (A) holding that trial court has discretion to permit defendant to call accused witness to stand and permit witness to invoke fifth amendment privilege in front of jury where entire defense was centered on witness commission of crime (B) holding that sixth amendment only requires that witness be brought to court not that he be required to take witness stand after refusing to testify and observing that it is irrelevant whether the witnesss refusal is grounded in a valid fifth amendment privilege an invalid privilege or something else entirely (C) holding that an adverse inference cannot be drawn from a defendants failure to call a witness if the states evidence establishes that the witness is an accomplice who would be entitled to assert a fifth amendment privilege (D) holding that witness was not an accomplice in distributing marijuana to himself (E) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify

Answer: (C)


Question: See Sanabria v. United States, 437 U.S. 54, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978);, 5 LaFave, Israel, & King, Criminal Procedure § 25.3(c) (West 1999). A finding of insufficient evidence is equivalent to an acquittal for the purposes of double jeopardy. Richardson v. United States, 468 U.S. 317, 325-26, 104 S.Ct. 3081, 82 L.Ed.2d 242 (1984). 3 . An exception to this bar is when the conviction is overturned on appeal. Ball v. United States, 163 U.S. 662, 16 S.Ct. 1192, 41 L.Ed. 300 (1896); United States v. Tateo, 377 U.S. 463, 466, 84 S.Ct. 1587, 12 L.Ed.2d 448 (1964). 4 . The Double Jeopardy Clause applies to both individuals and corporations. United States v. Martin Linen Supply Co., 430 U.S. 564, 97 S.Ct. 1349, 51 L.Ed.2d 642 (1977). 5 . Compare Brown, 432 U.S. at 169, 97 S.Ct. 2221 (<HOLDING>) with Ciucci v. Illinois, 356 U.S. 571, 78 
 Holding statements: (A) holding that a bargainedfor plea waives the right to attack multiple convictions on double jeopardy grounds (B) holding that the prosecution cannot divide a single crime into multiple units to avoid double jeopardy (C) holding that multiple convictions under  924c cannot be based on offenses forming a single unit of prosecution (D) holding that a defendant and his attorney are a single entity with respect to double jeopardy waiver (E) holding the first question for purposes of a double jeopardy analysis is whether congress expressed its intent concerning multiple convictions at a single trial for different statutory violations arising from the same act or transaction

Answer: (B)


Question: employee status, “summary judgment is appropriate when the remaining factors clearly point to borrowed-employee status.” Billizon, 993 F.2d at 106; Brown, 984 F.2d at 678 n. 5 (“We recognize and reiterate that the terms of a contract and the related factual issues do not automatically prevent summary judgment or direct verdict. If the remaining borrowed employee factors overwhelmingly point to borrowed employee status, a summary judgment or direct verdict is appropriate.”); Alexander v. Chevron, U.S.A, 806 F.2d 526, 529 (5th Cir.1986) (“[T]he terms of the contract between the borrowing employer and payroll employer does not ordinarily provide a sufficient basis to deny summary judgment when the remaining Ruiz factors point toward borrowed servant status.”); Gaudet, 562 F.2d at 358-59 (<HOLDING>). Lomeli argues that because Southwest failed 
 Holding statements: (A) holding that before granting an unopposed summary judgment motion the court must inquire whether the moving party has met its burden to demonstrate undisputed facts entitling it to summary judgment as a matter of law (B) holding that the judge cannot consider factual statements of counsel in a motion for summary judgment (C) holding that this court has power to direct the entry of summary judgment when it would be just under the circumstances (D) holding despite contractual language that sufficient basic factual ingredients are undisputed to warrant the entry of summary judgment (E) holding that a circuit courts entry of summary judgment is reviewed de novo

Answer:
(D)