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]: trial court's judgment wherein the appellant was sentenced to a loss of liberty").' """"Berry v. State, 630 So.2d 127, 130 (Ala.Crim.App.1993) (footnote omitted). See also Custis v. United States, 511 U.S. 485, 494, 114 S.Ct. 1732, 128 L.Ed.2d 517 (1994) (' "If the accused ... is not represented by counsel and has not competently and intelligently waived his constitutional right, the Sixth Amendment stands as a jurisdictional bar to a valid conviction and sentence depriving him of his life or his liberty.... The judgment of conviction pronounced by a court without jurisdiction is void, and one imprisoned thereunder may obtain release by habeas corpus." ') (quoting Johnson v. Zerbst, 304 U.S. 458, 468, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938)); Weakley v. State, 721 So.2d 235, 236 (Ala.1998) (<HOLDING>)." """Thus it is the lack of counsel, coupled
Holding statements: (A) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (B) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (C) recognizing the right to counsel on appeal (D) holding that the statutory right to counsel at a civil commitment hearing implicitly includes the right to the effective assistance of that counsel (E) holding that the right to counsel at arraignment is a jurisdictional matter
[EX A]: (E)

[EX 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
[EX A]: (A)

[EX Q]: the firearm, as opposed to any use that might cause danger," Aplt. Br. at 10, '"[t]he simple possession of an unregistered firearm ... is not covered by [the Section 4B1.2] list." Id. at 11. He cites to the commentary to this section of the sentencing guidelines, which provides that "the term 'crime of violence' does not include the offense of unlawful possession of a firearm." U.S.S.G. 4B1.2 App. Note 2. Dwyer argues since "the commentary is a binding interpretation of the phrase 'crime of violence,' " Stinson v. United States, 508 U.S. 36, 47, 113 S.Ct. 1913, 123 L.Ed.2d 598 (1993), simple possession of an unregistered firearm is not a crime of violence. In United States v. Sullivan, 919 F.2d 1403, 1411 (10th Cir.1990), in discussing the unlawful possession of an unre h Cir.2001) (<HOLDING>); United States v. Allegree, 175 F.3d 648, 651
Holding statements: (A) holding that evidence obtained following the polices unconstitutional search of the defendants backpack which was not with the defendant at the time of the search and in which the police found a sawedoff shotgun was sufficiently far from the unconstitutional search because the challenged evidence was obtained as a result of the polices decision to pursue the defendant a decision they would have made even absent finding the sawedoff shotgun because the defendant was a person of interest in their underlying investigation (B) holding that possession of a sawedoff shotgun under 26 usc 5861d is a crime of violence and noting that congress found certain firearms sawedoff shot guns and grenades to be inherently dangerous and lacking in usefulness other than for violent and criminal purposes (C) holding that for purposes of 4b12 possession of a sawedoff shotgun in violation of 5861d is a crime of violence because by its very nature a sawedoff shotgun always creates a serious risk of physical injury to another (D) holding that possession of sawedoff shotgun is violent felony as defined by armed career criminal act (E) holding that possession of a sawed off shotgun is a crime of violence
[EX A]:
(C)