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.

[Q]: statement during closing argument regarding his personal opinion of the defendant's guilt was improper, but not reversible error). Where it appears that no other verdict could have been properly rendered, prosecutorial misconduct is not reversible error. Hillen v. People, 59 Colo. 280, 284, 149 P. 250, 252 (1915). In light of the overwhelming evidence presented at trial against the defendant, we conclude that the prosecutor's improper remark during closing argument was harmless beyond a reasonable doubt. Id. at 985 (emphasis added); see also Harris, 888 P.2d at 268 (stating that "the sufficiency of the evidence presented at trial will be considered on appeal when evaluating claims of prosecutorial misconduct"); Grandbouche v. People, 104 Colo. 175, 185, 89 P.2d 577, 581 (1939) (<HOLDING>); Miller v. People, 70 Colo. 313, 317, 201 P.
Holding statements: (A) holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment (B) holding the rule that the singular includes the plural obviously is not one to be applied except where it is necessary to carry out the evident intent of the statute (C) holding that 1 usc 1 does not apply except where it is necessary to carry out the evident intent of the statute (D) holding that the rule is that where the guilt of an accused is evident incidental improper action upon the part of the prosecuting officer may be overlooked (E) holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment
[A]: (D)

[Q]: rights, it must be settled in court. The permit may thus be perfectly valid, so far as the conservation laws are concerned, and yet the permittee's right to drill under it may depend upon his establishing title in a suit at law. Id. at 191. While we noted that the Railroad Commission "should not do the useless thing of granting a permit to one who does not claim the property in good faith," the Railroad Commission's determination of the propriety of the permit has no effect on the propriety of the permittee's potentially tortious actions. Id. Of course, statutory remedies may preempt common law actions or other standards that may set the bar for liability in tort, but a permit is not a get out of tort free card. Cf. MCI Sales & Serv., Inc. v. Hinton, 329 S.W.3d 475, 494, 499 (Tex.2010) (<HOLDING>). But in this case, the statute authorizing the
Holding statements: (A) holding that a state common law claim seeking to require automobile manufacturers to install airbags would frustrate the purposes of the federal safety standard regulations adopted under the federal motor vehicle safety act which did not require manufacturers to do so and therefore was preempted by conflict (B) holding design planning and enforcement of bus safety rules for school bus transportation were not operation of motor vehicle under section 4145 (C) holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle (D) holding the federal motor vehicle safety standards do not preempt jury findings that a bus manufacturers buses were defectively designed (E) holding that the statutory definition of motor vehicle is not controlling
[A]: (D)

[Q]: of the case." See First Community Bank v. In re E.M. Williams & Sons, Inc. (In re E.M. Williams & Sons, Inc.), 2009 WL 1321034 at *3 (Bankr.E.D.Va. May 8, 2009) ("Both the Plaintiff and the Trustee admit that the Partnership had agreed pre-petition to deed the Real Property to the Debtor.... The Court finds that there is sufficient evidence to conclude, as the Plaintiff and the Trustee both stipulate, that the Debtor had an equitable interest in the Real Property, which interest became property of the Debtor's estate on the Petition Date pursuant to Bankruptcy Code 541(a)(1)."), aff'd, 2010 WL 1279094 (E.D.Va. Mar.30, 2010). Depending on the circumstances, this could be true even if the agreement was oral. See Skiba v. Sipple (In re Sipple), 400 B.R. 475, 479 (Bankr.W.D.Pa.2009) (<HOLDING>). On the other hand, if the Debtor did not have
Holding statements: (A) holding a court must find among other things clear evidence of the existence of an oral agreement for part performance to remove the contract from the statute of frauds (B) holding that to establish an exception to the statute of frauds it must first be shown that an agreement to convey was actually reached that an oral contract must be established by clear and convincing evidence and that the chapter 7 trustee failed to establish that there was any parol contract for conveyance of property from debtors parents to the debtor (C) holding that the statute of frauds bars a breach of contract claim based on an oral agreement to enter a future employment contract that would need to meet the statute of frauds (D) holding that where an oral contract was removed from the statute of frauds by clear and convincing evidence under arkansas law the defendant could not terminate the contract at its will only a contract of indefinite duration may be so terminated (E) holding that in order for a contract to be enforced it is necessary that all the essential terms of the contract must first be established by competent evidence and shown to be definite certain clear and unambiguous
[A]:
(B)