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.

[EX Q]: criminal activity, strictly liable to a person injured by such handgun during the course of a crime? 3) Does the Rohm Revolver Handgun Model RG38S, serial number 0152662, fall within the category referred to in question 2? Kelley, 304 Md. at 131, 497 A.2d 1143. 7 . The Court also discussed the effective date of the "modification of Maryland common law tort principles" it had fashioned. Id. at 161-62, 497 A.2d 1143. 8 . The majority of these cases have discussed the Court's ability or willingness to modify the common law. See Parker v. State, 337 Md. 271, 283 n. 7, 653 A.2d 436 (1995); State v. Hawkins, 326 Md. 270, 292-94, 604 A.2d 489 (1992); Owens-Illinois, Inc. v. Zenobia, 325 Md. 420, 469-70, 601 A.2d 633 (1992); Murphy v. Edmonds t, Inc., 17 Md.App. 646, 659, 303 A.2d 432 (1973) (<HOLDING>) 10 . We alternatively based our decision on
Holding statements: (A) holding that the court of appeals lacks the authority to overrule decisions of the supreme court of north carolina and has a responsibility to follow those decisions until otherwise ordered by the supreme court (B) holding that the court of appeals may not overrule modify or withdraw language from a previously published decision of the court of appeals (C) holding that this court will consider a petition for a writ of certiorari only after the court of appeals has overruled the application for rehearing on the point challenged in the petition implying that the decision by the court of criminal appeals must be final before certiorari review would be available (D) holding the fact remains however that such standard appears to be the law of this state as enunciated in the decisions of the court of appeals discussed previously unless those decisions are either explained away or overruled by the court of appeals itself this court must follow what a majority of its members discern to be the precept to be drawn from them ie proof of fraud in a civil action either in law or in equity must be clear and convincing only the court of appeals could disabuse of that notion (E) holding that the court need not follow a decision of the district of columbia court of appeals where it appears that the court of appeals itself would not follow that decision
[EX A]: (D)

[EX Q]: the peremptory strike. Purkett v. Elem, 514 U.S. 765, 768, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995). In this case, we cannot say that the Florida state court's judgment was contrary to, or an unreasonable application of clearly established federal law, specifically the Supreme Court's holding in Bat-son. As for the State's strike of the first black prospective juror, the interaction between the parties and the state court (where, upon being challenged, the State revealed that it wished to strike this juror because two prosecutors had seen her sleeping during the jury selection process, and the trial court then moved onto the next juror) was adequate under Batson, so trial counsel was not ineffective in that respect. See Hightower v. Terry, 459 F.3d 1067, 1072 n. 9 (11th Cir.2006) (<HOLDING>). Moreover, even assuming that Sneed's counsel
Holding statements: (A) recognizing this purpose albeit implicitly (B) recognizing that a trial judge can implicitly find a prosecutors proffered reasons credible (C) holding that the trial judge cannot simply rjubber stamp a prosecutors nonracial explanation no matter how whimsical or fanciful but in order to permit a questioned peremptory challenge must conclude that the proffered reasons are first neutral and reasonable and second not a pretext (D) holding that findings by the trial judge are considered binding on appeal when supported by adequate substantial and credible evidence (E) holding that state prosecutors agreements with defendant not binding on federal prosecutors
[EX A]: (B)

[EX Q]: that a declaration of an' express trust of land must be in writing. S.C.Code Ann. 62-7-101 (1987). However, "sufficient part performance of a parol contract for the conveyance of land will remove the contract from the statute of frauds." Stackhouse, 271 S.C. at 521, 248 S.E.2d at 488. To compel specific performance of an oral agreement where part performance is alleged to remove the contract from the statute of frauds, a court of equity must find: 1) clear evidence of an oral agreement; 2) the agreement had been partially executed; and 3) the party who requested performance had completed or was willing to complete his part of the oral agreement. Gibson v. Hrys tlemeyer cannot establish part performance of the alleged agreement. See Stackhouse, 271 S.C. at 521, 248 S.E.2d at 483 (<HOLDING>). Thus, the circuit court did not err by
Holding statements: (A) holding part performance of an oral agreement necessary to take the oral agreement out of the statute of frauds must be consistent only with the existence of the alleged oral contract (B) holding sufficient part performance of an oral trust agreement is required to remove it from the statute of frauds (C) holding that if part performance is relied upon to remove the oral agreement from the operation of the statute of frauds clear and convincing proof of performance in pursuance of the alleged agreement must be adduced by the party seeking to enforce it (D) 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 (E) 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
[EX A]:
(B)