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.

Q: State, after expressing its clear and accurate understanding of the ... issue ..., deliberately steer[s] the District Court away from the question and towards the merits of [the] petition." Wood v. Milyard, U.S.-, 132 S.Ct. 1826, 1835, 182 L.Ed.2d 733 (2012) (internal citation omitted). In Wood, the state had assured the district court that it was "not challenging, but d[id] not concede, the timeliness of the petition." Id. at 1830. As in Wood, the state's words and conduct cannot be described as an inadvertent mistake or forfeiture of the exhaustion defense, as was the case in Day, but instead they clearly evidence an express intention to waive the exhaustion requirement. As the First Circuit said, "[t]hat was game, set, and match." Pike v. Guarino, 492 F.3d 61, 71-72 (1st Cir.2007) (<HOLDING>). Other circuits have also held this type of
Holding statements: (A) holding that a deposition that was not presented to the trial court could not be considered on appeal (B) holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding (C) holding that a waived issue ordinarily cannot be resurrected on appeal whereas a forfeited issue may be reviewed for plain error (D) holding statement that petitioner is correct in her assertion that the claims presented have been exhausted was unmistakably clear and could not be resurrected on appeal alteration in original (E) holding that complaint on appeal must be the same as that presented in the trial court

A: holding that a deposition that was not presented to the trial court could not be considered on appeal
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Q: and to allow it to brief the issue of whether the statute of limitations should be equitably tolled as to potential opt-in plaintiffs in this action. ECF No. 14. The motion for reconsideration, plaintiffs response, and defendant's reply amount to the' very briefing of the issue that the motion seeks. See ECF Nos. 14, 15 and 16. It boils down to a simple proposition, succinctly summarized by Judge Blackburn in a case cited by the defendant: "Tolling is available' only 'when [a plaintiff] diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control.'" Young v. Dollar Tree Stores, Inc., No. 11-cv-REB-MJW, 2013 WL 1223613, R *2 (D. Colo. March 25, 2013). Cf. Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir. 2000) (<HOLDING>). Here, we have a district court order in the
Holding statements: (A) holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence (B) holding that 2244d is subject to equitable tolling if ae petitioner demonstrates 1 that he has been pursuing his rights diligently and 2 that some extraordinary circumstance stood in his way and prevented timely filling quoting pace v diguglielmo 544 us 408 418 125 sct 1807 161 led2d 669 2005 (C) holding that extraordinary circumstances did not include the mere neglect of the professional who was in a position to file a timely application (D) holding in a habeas case that tolling is available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control (E) holding that ejquitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

A: holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence
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Q: 938, 949-50 (10th Cir.2008). Even assuming without deciding we were free to revisit the governing standard of review, we question whether de novo review would be appropriate or make any difference in this case. Even when the constitutional fact doctrine applies, credibility determinations remain subject to clear error review, see Harte-Hanks Commc'ns, Inc. v. Connaughton, 491 U.S. 657, 688, 109 S.Ct. 2678, 105 L.Ed.2d 562 (1989), and a sincerity finding is in the end "almost exclusively a credibility assessment," Kay v. Bemis, 500 F.3d 1214, 1219 (10th Cir.2007). In those few instances where the Supreme Court has mandated de novo review of facts involving a litigant's state of mind, the inquiry has usually involved some purely legal question. See Bose, 466 U.S. at 511, 104 S.Ct. 1949 (<HOLDING>); Miller v. Fenton, 474 U.S. 104, 116-17, 106
Holding statements: (A) holding that on appeal an appellate court does not have the right to weigh the evidence and decide the issue on the basis of its weight the courts duty goes no further than to determine whether the record contains any evidence tending to support the finding (B) holding that the court evaluating a claim of qualified immunity must first determine whether the plaintiff states a claim of a constitutional violation at all and then must determine whether the claimed right was clearly established before proceeding to the qualified immunity question (C) holding that an appellate court is not required to search the appellate record with no guidance from the briefing party to determine if the record supports the partys argument (D) holding appellate court must when evaluating actual malice in libel case independently determine whether the evidence in the record is of the convincing clarity required to strip the utterance of first amendment protection (E) recognizing that appellate court is in same position as trial court to assess evidence when all of the proof is contained in the record by deposition

A:
holding that on appeal an appellate court does not have the right to weigh the evidence and decide the issue on the basis of its weight the courts duty goes no further than to determine whether the record contains any evidence tending to support the finding
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