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.
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Question: the State argued that Wright and Jackson were the two shooters at the trials of Wright, Oglesby, and Jackson. The State denies that it presented mutually exclusive, false, or misleading evidence. It contends that the evidence permits two factual scenarios: the shooters were either Jackson and Wright or Jackson and defendant. This is not a case where the prosecutor destroyed the credibility of one witness to convict one defendant and then used that same witness to convict a co-defendant for the same crime. See, e.g., Drake v. Kemp, 762 F.2d 1449 (11th Cir.1985), cert. denied, 478 U.S. 1020, 106 S.Ct. 3333, 92 L.Ed.2d 738 (1986). Nor is this a case where the prosecutor improperly argued facts that were unsupported by the evidence. Nichols v. Collins, 802 F.Supp. 66, 75 (S.D.Tex.1992) (<HOLDING>), habeas corpus denied, sub nom, Nichols v.
Holding statements: (A) holding that the defendant may not state one ground at trial and another on appeal (B) holding that where trial court is trier of fact and has made an affirmative deadly weapon finding it retains discretion to enter finding in judgment (C) holding that although trial courts oral opinion may be used as a reference in the interpretation of its written findings of fact it is not a finding of fact (D) holding to preserve an issue for appellate review the issue must have been raised to and ruled upon by trial court and a party may not argue one ground for objection at trial and another ground on appeal (E) holding in case in which defendant challenged his murder conviction and death sentence on ground that states conflicting theories in the trial of his accomplice constituted a denial of due process that state may be constitutionally estopped from obtaining a fact finding in one trial and seeking and obtaining an inconsistent fact finding in another trial

Answer: holding that the defendant may not state one ground at trial and another on appeal

Question: WTT Project area as defined by the Corps. NEF contends that we need not consider the State's argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. "Rule 59(e) motions are 'aimed at reconsideration, not initial consideration.' " FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant's argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts
Holding statements: (A) holding that the appellant waived an argument listed only in his summary of the argument (B) holding that a party in a habeas case waives an argument by failing to raise it before the district court (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court

Answer: holding that the appellant waived an argument listed only in his summary of the argument

Question: and the statute of limitations did not start to run, prior to that date. It was in January 2006 that Gottex alleges it first learned that Veras would be allocating the Settlement Expense among its investors on a pro rata basis and, as a result, Gottex would lose some of its principal investment. According to Gottex, prior to January 2006, it believed, based on representations made by Veras, that its portion of the Settlement Expense would not exceed the amount of its profits. Am. Compl. 97, 107-114. [14] However, in a securities fraud action, the injury occurs "at the time an investor enters ... a transaction as a result of material misrepresentations." Lenz, 833 F.Supp. at 370; see also CSI Investment Partners II, L.P. v. Cendant Corp., 180 F.Supp.2d 444, 457-59 (S.D.NY.2001) (<HOLDING>). Gottex alleges that if it "had known of the
Holding statements: (A) holding accrual of cause of action for purposes of statute of limitations occurs on the date on which the right to institute and maintain a suit first arises (B) holding that for a section 10b violation the sec must prove that the defendant in connection with the purchase or sale of securities made a materially false statement or omitted a material fact with scienter and that the plaintiffs reliance on the defendants action caused injury to the plaintiff (C) holding that section 10b violation occurs on date of alleged misrepresentation not the date of the sale or purchase of securities (D) holding that for statute of limitations purposes the injury in a section 10b action occurs at the time of plaintiffs entry into purchase agreement not on later date when plaintiffs failed to receive expected payment (E) holding that a purchase agreement for a foreign corporations stock is not subject to section 10b even if the closing occurred in the united states

Answer:
holding accrual of cause of action for purposes of statute of limitations occurs on the date on which the right to institute and maintain a suit first arises