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.

made in open court. It also serves as a stipulation that no proof by the prosecution need b[e] advanced .... It supplies both evidence and verdict, ending controversy.' " Boykin, 395 U.S. at 243 n. 4, 89 S.Ct. 1709 (quoting Woodard v. State, 42 Ala.App. 552, 171 So.2d 462, 469 (1965)). See also Dingier v. State, 408 So.2d 530, 531 (Ala.1981) (same). In the case at hand, Clark entered into a "good behavior" stipulation that the State could prove a prima facie case of guilt. When Clark failed to comply with the terms of the agreement, he was adjudicated guilty based on his stipulation. During a hearing on Clark's motion for a new trial, the prosecutor described a "goo (Ala.Crim.App.1999), overruled on other grounds, Perkins v. Alabama, 586 U.S. 953, 122 S.Ct. 2653, 153 L.Ed.2d 830 (2002) (<HOLDING>). Because Clark was adjudicated guilty based
Holding statements: (A) holding that based on the facts presented by the state and the defendants stipulation to the existence of a factual basis for his plea the court properly determined a factual basis for the plea existed (B) holding that the defendants guilty plea was valid where the district court carefully questioned the defendant about whether he understood the consequences of his guilty plea (C) holding that court must decide case on basis of facts admitted unaffected by stipulation made by counsel (D) holding that a defendants guilty plea was unconditional where the guilty plea was not in writing and the government did not consent to it being conditional (E) holding that a defendants strategic stipulation to certain facts of the crime was not the functional equivalent of a guilty plea where the defendants stipulation did not establish guilt
holding that based on the facts presented by the state and the defendants stipulation to the existence of a factual basis for his plea the court properly determined a factual basis for the plea existed

making mistakes. Thus, any prejudice against the Defendant was at best minimal and could have been turned to the Defendant's advantage by his counsel. Even if any prejudice did result, it most certainly did not permeate the entire trial and impact the result as it appears only once in the transcript and never was mentioned later during the trial. See United States v. Beckett, 706 F.2d 519, 520 (5th Cir.1983) ("Prosecutorial misconduct, fortunately occurring only occasionally, mars any trial in which it occurs and gives grounds for appeal. But a conviction should not be set aside if the prosecutor's conduct, however, wrongful, did not in fact contribute to the guilty verdict and was, therefore, legally harmless."); see also United States v. Bermea, 30 F.3d 1539, 1563-66 (5th Cir.1994) (<HOLDING>). This ground for a new trial, therefore, is
Holding statements: (A) holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify (B) holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error (C) holding that prosecutors allegedly improper closing arguments regarding burden of proof defendants failure to testify and other allegations did not case serious doubt upon the correctness of the jury verdict or the fairness of the trial (D) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify (E) holding that any potential prejudice regarding burdenshifting is diminished by the prosecutors statement that the burden of proof is the governments and the courts explicit instructions regarding the burden of proof in the jury charge
holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify

in the passage quoted above, we explicitly noted that "the government is not required to furnish the defendant with a list of witnesses in a non-capital case...." Id. at 1392 n. 4. Accordingly, we conclude that under Hicks and Rule 16, the district court exceeded its authority to the extent that it ordered the government to disclose a pretrial list of its non-expert witnesses. 2. Preclusion of Undisclosed Witnesses from the Government's Case-in-Chief A district court has the power to exclude the government's evidence as a sanction, but only for a "violation of any constitutional provision, federal statute, specific discovery order, or any other recognized right." United States v. Schwartz, 857 F.2d 655, 658 (9th Cir.1988) (internal quotation marks omitted); see Gatto, 763 F.2d at 1046 (<HOLDING>); Fed.R.Crim.P. 16(d)(2)(C). Here, the district
Holding statements: (A) holding that the trial court was within its discretion to exclude because the record showed considerable confusion on the part of the juror (B) holding that federal rule of evidence 408 authorizes the district court to exclude settlement letters (C) holding that the separationofpowers principle imposes significant limits on the district courts use of its supervisory powers to exclude governments evidence (D) holding it was not an abuse of discretion to exclude testimony (E) recognizing that courts have discretion to exclude evidence as a sanction for violation of a discovery order
holding that the trial court was within its discretion to exclude because the record showed considerable confusion on the part of the juror