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.

Ex Input:
motion at which Pritchett would be represented by counsel or at which the court would determine that Pritchett knowingly, intelligently, and voluntarily waived his right to counsel. Ex parte Pritchett, 117 So.3d at 362. In the instant case, the circuit court immediately appointed new counsel to represent Trimble after Trimble gave his oral notice of appeal. Despite having newly appointed counsel who could file a motion for a new trial attacking his trial counsel’s alleged deficiencies, Trimble elected to file a pro se motion for a new trial. Therefore, unlike the defendant in Pritchett, Trimble had the benefit of newly appointed appellate counsel who represented him and who could file a motion for a new trial on his behalf. See King v. State, 613 So.2d 888 (Ala.Crim.App.1993) 
 Holding statements: (A) holding that a valid waiver of counsel at an early stage of the proceeding does not continue in effect through a subsequent stage (B) holding that posttrial motion for new trial is critical stage requiring counsel or valid waiver (C) holding postindictment lineup is critical stage of trial at which defendant is entitled to presence of counsel (D) holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage (E) holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel

Ex Output:
holding that a valid waiver of counsel at an early stage of the proceeding does not continue in effect through a subsequent stage


Ex Input:
(Black, J., concurring)). We are also troubled because, given that there was nothing about the officers’ appearance or conduct that revealed that they were engaged in the performance of their duties, Davis lacked fair notice that mere spoken words, which did not disturb the peace, could nonetheless constitute the crime of obstructing the officer’s performance of duty. See Cantwell, 310 U.S. at 311, 60 S.Ct. at 906. “It is an elemental requirement of our constitutional jurisprudence that laws be reasonably intelligible, providing citizens with fair notice as to what conduct is legal and what conduct is illegal.” Rodney A. Smolla, Smolla and Nimmer on Freedom of Speech § 6:13 (1996) (citing Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S.Ct. 839, 843, 31 L.Ed.2d 110 (1972) (<HOLDING>)). We reiterate that we recognize the need to 
 Holding statements: (A) holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion (B) recognizing the medicare statutes broad delegation of authority (C) holding unconstitutional vagrancy statutes that were purposely designed to grant police broad discretion (D) holding unconstitutional ordinance that gave executive director excessive discretion in deciding whether the grant of a permit would be detrimental to the public (E) holding that district courts discretion is extremely broad

Ex Output:
holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion


Ex Input:
larger than, the size of the "Done” button that users clicked in order to register. In the instant case, by contrast, the phrase "Terms of Service & Privacy Policy” is much smaller and more obscure, both in absolute terms and relative to the "Register” button. Id. (citation omitted). 8 . Bekele does not contest that the FAA applies to this case. His agreement with Lyft, a California company, implicates interstate commerce. See Southland Corp. v. Keating, 465 U.S. 1, 17-18, 104 S.Ct. 852, 79 L.Ed.2d 1 (1984) ("The general rule prescribed by § 2 of the [FAA] is that arbitration clauses in contracts involving interstate transactions are enforceable as a matter of federal law.”); Societe Generale de Surveillance, S.A. v. Raytheon European Mgmt. & Sys. Co., 643 F.2d 863, 867 (1st Cir.1981) (<HOLDING>). 9 .The First .Circuit has stated on one 
 Holding statements: (A) holding that the term commerce in the faa is to be broadly construed (B) holding that the district court lacked the authority to compel arbitration  because the faa is inapplicable to employees who are engaged in interstate commerce (C) holding that the fcra must be construed broadly in favor of remediation (D) recognizing that the faa is applicable to only those transactions involving interstate commerce (E) holding that as title vi is a remedial statute the zone of interests to be protected  must be construed broadly

Ex Output:

holding that the district court lacked the authority to compel arbitration  because the faa is inapplicable to employees who are engaged in interstate commerce