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: having been a member of this court at the time of the argument and submission, took no part in the consideration or decision of this case. 1 . We do not reach the question of whether it was proper for a Minnesota peace officer to go outside Minnesota's borders and attempt to compel a blood sample under Minnesota law. In this case, the sample was obtained using Wisconsin's procedure inside Wisconsin's borders and our holding is limited to these facts. 2 . Both parties make arguments regarding Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966), and State v. Oevering, 268 N.W.2d 68 (Minn.1978). These cases, due to the natural exigency involved in obtaining blood-alcohol evidence, recognize the power of a peace officer to compel a blood sample from a dri Tex. 1995) (<HOLDING>); Consolidation Coal Co. v. Bucyrus-Erie Co.,
Holding statements: (A) holding that a party waives the attorneyclient privilege when it voluntarily consents to the disclosure of any significant part of the communication in issue (B) holding that the michigan usury act mcla 43831 a statute setting forth the legal interest rate in michigan is preempted according to the explicit terms of hola (C) holding that the law of michigan rather than the forum applied to manufacturers claim of attorneyclient privilege in a products liability suit because the communication took place in michigan and therefore michigan had most significant relationship to communication (D) holding that litigating franchise dispute in michigan does not require that michigan law govern dispute as michigan franchise investment law does not expressly void choice of law provisions in franchise agreement (E) holding michigan friend of the court employees absolutely immune from suit under 1983

Answer: (C)

Question: de novo on all issues bearing on the proper sentence." Teffeteller v. State, 495 So.2d 744, 745 (Fla.1986). In noncapital cases, too, we have concluded that "resentencing entitles the defendant to a de novo sentencing hearing with the full array of due process rights." Trotter v. State, 825 So.2d 362, 367-68 (Fla.2002); see also Galindez v. State, 955 So.2d 517, 525 (Fla.2007) (Cantero, J., specially concurring) ("We have consistently held that resentencing proceedings must be a 'clean slate,' meaning that the defendant's vacated sentence becomes a 'nullity' and his 'resentencing should proceed de novo on all issues bearing on the proper sentence.' " (citation omitted)); Walker, 988 So.2d at 8 (Altenbernd, J., concurring specially) ("Generally, courts have held that once a def A 1998) (<HOLDING>); Baldwin v. State, 700 So.2d 95, 96 (Fla. 2d
Holding statements: (A) holding that at resentencing the state must present evidence on an enhanced sentencing factor despite having done so at the prior sentencing hearing (B) holding that the state had the burden of proving the defendants two prior convictions in order to obtain the felony dui conviction (C) holding that at a resentencing the state must again prove the basis for an enhanced sentence even though such evidence was produced at the original sentencing (D) holding that even though the defendant did not challenge his prior convictions at the original sentencing lawofthecase principles do not insulate the state from proving them at resentencing (E) holding that at resentencing on violation of probation trial court may revise guidelines scoresheet to reflect prior convictions mistakenly omitted from the original through no fault of the defendant

Answer: (D)

Question: carrying it during and in relation to such a crime, with additional penalties attaching if the firearm was brandished or discharged. See 18 U.S.C. 924(c)(1)(A). Whether the defendant was accountable for one firearm or ten, however, is completely irrelevant to the commission of the 924(c) offense. Thus, because 924(c) pertains to particular unlawful uses of a firearm while 2K2.1(b)(l) pertains to the number of firearms involved, these two enhancements punish different types of conduct. We therefore conclude that enhancing a defendant's offense level based on the number of weapons involved in the offense underlying his 924(c) conviction does not constitute impermissible double counting under the Guidelines. Accord United States v. Terrell, 608 F.3d 679, 683-84 (10th Cir. 2010) (<HOLDING>). But see United States v. Vincent, 20 F.3d
Holding statements: (A) holding that trading drugs for a gun violates the in furtherance of prong of 924c (B) holding that evidence is sufficient for 924c conviction where it shows weapons proximity to drugs and its accessibility (C) holding that an enhancement for an express threat of death may not be applied to the sentence for robbery when the threat is related to the use of the firearm and the defendant has a 924c sentence for the same firearm (D) holding that because the number of weapons involved in the underlying offense to a 924c conviction is a separate type of offense conduct than that punished by 924c itself the district court did not engage in doublecounting when it applied an increase under 2k21bla in conjunction with the sentence for violating 924c (E) holding without discussion that the district court erred by applying the numberofweapons enhancement to an offense underlying the defendants 924c conviction

Answer:
(D)