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.

alleged prejudice stems from the unavailability of witnesses, the Fourth Circuit explained in Jones what type of evidence is typically required: "[Cjourts have generally required that the defendant identify the witness he would have called; demonstrate, with specificity, the expected content of that witness' testimony; establish to the court's satisfaction that he has made serious attempts to locate the witness; and, finally, show that the information the witness would have provided was not available from other sources." 94 F.3d at 908; see also U.S. v. Cornielle, 171 F.3d 748, 752 (2nd Cir.1999) (recognizing that actual prejudice "is commonly demonstrated by the loss of documentary evidence or the unavailability of a key witness"); U.S. v. Scoggins, 992 F.2d 164, 167 (8th Cir.1993) (<HOLDING>); Sabath, 990 F.Supp. at 1014 (finding
Holding statements: (A) holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case (B) holding that death of potential alibi witness did not cause actual prejudice because defendant failed to relate the substance of the testimony of the missing witness in sufficient detail and to show witness testimony not available from other sources (C) holding that defendant is under an obligation to give the government notice of an alibi witness even if defendant is unable to locate the witness (D) holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness (E) holding that the trial courts admonition of a witness even though detailed and strongly stated did not coerce the witness because the court did not threaten or badger the witness and the court provided the witness with her own counsel to ensure that the decision was voluntary
holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case

controversy turns, in part, on a categorization of the loss at issue; an inherently factual determination requiring the testimony of Penn and NBC staff juxtaposed against Gioia's onsite analysis. Thus, Gioia is a material witness and his convenience weighs in favor of transfer. B. Locus of the Operative Facts "Where there is no material connection between the district and'the operative facts, ... the interests of justice require the transfer of [the] action." Manao Invests., 1997 WL 53200, at *2 (alteration in original) (quotation omitted). 'When determining the locus of operative facts in a declaratory judgment action concerning the interpretation of an insurance policy contract, this Court has considered where the insurance contract was made." Royal Ins., 2002 WL 31385815, at *3-4 (<HOLDING>). Here, while it is unclear whether
Holding statements: (A) holding that neither the new york location of the terrorist attack giving rise to the policyholders claim nor the new yorkbased claims adjustor rendered new york the locus of operative facts because new york was not the site of the contracts execution (B) holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership (C) holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york (D) holding that for purposes of longarm jurisdiction because plaintiff was employed in new york the original event causing his injury occurred in new york (E) holding that outofstate defendants transmittal into new york of ceaseanddesist letter to new york plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a new york declaratory judgment action
holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership

IV, V, VI and XIV. See Answee, Docket # 8, Exh. A, pp. 13-14. In order to allow the state courts the opportunity to act on or correct the violations alleged, the Applicant must do more than just invoke the magic words "fair trial," or "due process," or make only cursory citation to the appropriate constitutional amendments. He must provide legal theory explaining how the admission of the statements or testimony violated these particular federal constitutional rights. See, e.g., Anderson v. Harless, 459 U.S. 4, 7-8, 103 S.Ct. 276, 74 L.Ed.2d 3 (1982) (claim on direct appeal that jury instruction was reversible error did not fairly present due process challenge to instruction for habeas exhaustion purposes); Picard v. Connor, 404 U.S. 270, 276-77, 92 S.Ct. 509, 30 L.Ed.2d 438 (1971) (<HOLDING>); see, also, Thomas v. Gibson, 218 F.3d 1213,
Holding statements: (A) holding in preaedpa case habeas applicant failed to fairly present federal claim to state court where despite presenting all necessary facts applicant failed to assert specific argument that he later tried to raise in federal court (B) holding that where defendant failed to raise defense of plaintiffs fraud in federal court defendant is barred from raising that issue in state court (C) holding that habeas petitioner scheduled to be executed in the state of virginia for capital murder could not raise claim of violation of his rights under the vienna convention on federal habeas review where he failed to preserve the claim by raising it in state court proceedings vienna convention does not trump subsequent federal statute requiring habeas petitioners who claim to be held in violation of treaties of the united states to develop factual bases for their claims in state court as a precondition of federal habeas review (D) holding applicants general state court claim was insufficient to exhaust his later more specific federal habeas claim (E) holding that a federal court may deny an unexhausted habeas petition on the merits when it is perfectly clear that the applicant does not raise even a colorable federal claim
holding that where defendant failed to raise defense of plaintiffs fraud in federal court defendant is barred from raising that issue in state court