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: personally waive the rights to testify at trial, to have the prosecution witnesses testify in defend other settings. One such case arose when a defendant charged with first-degree criminal sexual conduct stipulated to the element that he was more than 36 months older than the victim without waiving his right to a jury trial on that element. State v. Wright, 679 N.W.2d 186, 190 (Minn.App.2004), review denied (Minn. June 29, 2004). In Wright, we applied a harmless-error analysis to the district court's failure to obtain appellant's personal waiver. Id. at 191. In part, we reasoned that proving the age element to the jury would have had "a more prejudicial effect than- the stipulation" because appellant was significantly older than the victim. Id.; see also Hinton, 702 N.W.2d at 281-82 (<HOLDING>). Also, both Wright and Hinton involved
Holding statements: (A) holding that stipulation of the appellants undisputed prior convictions was harmless error and reasoning that blakely v washington which does not require a jury determination of prior convictions provides implicit support for the conclusion that a harmless error analysis is appropriate (B) recognizing that where the error involved defies analysis by harmless error standards or the data is insufficient to conduct a meaningful harmless error analysis then the error will not be proven harmless beyond a reasonable doubt (C) holding blakely errors are subject to harmless error analysis (D) holding that the trial courts error in not allowing defendant to testify on direct examination as to nature and circumstances of prior convictions was not harmless error where credibility of the defendant was critical to the deliberations of the jury (E) holding that any error was harmless and thus not plain error

A: (A)
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Q: as she has failed to show that a majority of the arbitrators deliberately disregarded the law. (See id.) Although the award in this case is general, it does not appear that the panel deliberately disregarded the law. Both parties made viable legal arguments to the arbitration panel regarding equitable remedies and defenses including the voluntary payment doctrine, which the panel says it considered. Although the voluntary payment doctrine could preclude Olde's recovery, it is not applicable in all situations and there are exceptions to the doctrine. For example, courts have found that if a mistake of fact is alleged, then the voluntary payment doctrine does not apply. See Kane-Miller Corp. v. Lakeview Trust & Sav. Bank, No. 88 C 7561, 1989 WL 13295, at *1 (N.D.Ill. Feb.13, 1989) (<HOLDING>); see also Best Buy Co. v. Harlem-Irving Cos.,
Holding statements: (A) holding that attorneys fees under adea may not be recovered against a defendant who was not an employer of the plaintiff (B) recognizing that a mistake of fact may constitute a valid defense (C) holding that applicability of the voluntary payment doctrine and the mistake of fact exception raises questions of fact that cannot be resolved on a motion to dismiss (D) holding that money paid under mistake of fact may be recovered regardless of the negligence of the payor (E) holding the general rule is that money paid to another under a mistake of fact may be recovered because the money belongs in equity and good conscience to the person who paid it

A: (D)
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Q: opportunity to view the defendant); Lewisohn v. State, 433 A.2d 351, 355 (Me.1981) (concluding, in hab .2d 517, 522-23 (App.1982) (concluding, in a personal injury action arising from a fall at a roller skating rink, that the trial court properly admitted testimony of two lay witnesses, who 'were experienced skaters present on the night of the accident, regarding safety procedures used by the defendant on the night of the accident); Lee v. State, 661 P.2d 1345, 1354-55 (Okla.Crim.App.1983) (concluding that an investigating police officer could testify that spots on a carpet were blood, and that a chemist, testifying on other matters, could offer a lay opinion that the type of glass found at a murder location was safety glass); Williamson v. O'Neill, 696 S.W.2d 431 (Tex.Ct.App.1985) (<HOLDING>). 11 . For example, in United States v. Myers,
Holding statements: (A) holding section 3877160 clearly limits the amount of coverage which may be stacked from policies on vehicles not involved in the accident to an amount no greater than the coverage of the vehicle involved in that accident (B) holding that an insureds personal belief that he was not liable for an accident provided no basis for submitting the question of the reasonableness of his delay in notification to a jury when the insured knew the day after the accident that it had been claimed that the cable he had installed had caused the accident (C) holding a limitation on damages arising out of bodily injury to one person involved in an accident applies to all claims arising from the death of that person (D) holding that probable cause was clearly present justifying the taking of a blood sample without the defendants consent when it was established that the defendant was involved in an automobile accident and the police noticed liquor on his breath at the scene of the accident and at the hospital (E) holding that the driver of a tractortrailer rig a codefendant in a personal injury lawsuit arising froman autotruck accident was uniquely qualified as the experienced driver of the rig involved in the accident to offer a lay opinion as to the reason the trailer separated from the tractor since his opinion would be rationally based on his firsthand perceptions of the accident and would help determine causation

A:
(E)
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