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.

Ex Input:
2d 266, 35 (discussing the reasoning in Brunst as being that "unless these 'time immemorial' duties were constitutionally protected from interference by others, the constitutional provision securing the people the right to choose sheriffs would become meaningless"). It seems incongruous to us that the policy of keeping duties within the office of sheriff because he is elected and answerable to the electors is consistent with the holdings in WPPA II (and, more recently Brown County), where the court held that because the duty was characteristically the sheriffs, he can, as a result, contract with third parties for the carrying out of the duty. Yet, we are bound by WPPA II (and its interpretation of Brunst) and Brown County. See Cook v. Cook, 208 Wis. 2d 166, 190, 560 N.W.2d 246 (1997) (<HOLDING>). 29. For the reasons stated, we reverse the
Holding statements: (A) holding that one panel cannot overrule a prior panels published decision (B) holding that court of appeals may adopt such waiver rule (C) holding court of appeals erred in refusing to take judicial notice of published puc order (D) 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 (E) holding that the court of appeals may not overrule modify or withdraw language from a previously published decision of the court of appeals

Ex Output:
holding that one panel cannot overrule a prior panels published decision

Ex Input:
(9th Cir.1954) (concluding that expert opinions did not support jury verdict, in part because "[o]pinion evidence is only as good as the facts upon which it is based" and record did not support opinions). Here, for the reasons stated, the record demonstrates that the officers' percep tion of an immediate threat whether correct or not was clearly reasonable and therefore that their initial use of deadly force was justified. 9 . The situation Appellants faced here having to determine in a split-second whether a suspect is using his vehicle as a weapon is analogous to the scenario of an officer forced to make a split-second decision as to whether to use deadly force against a suspect who he believes has a firearm. See, e.g., McLenagan v. Karnes, 27 F.3d 1002, 1007 (4th Cir. 1994) (<HOLDING>); Slattery v. Rizzo, 939 F.2d 213, 215-17 (4th
Holding statements: (A) holding that use of deadly force was justified when suspect in vehicle repeatedly refused orders to raise his hands and the officer perceived that he was holding something (B) holding officer may search vehicle for weapons if officer has reasonable belief based on articulable facts that officer or another may be in danger (C) holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon (D) holding that use of deadly force was justified against a suspect when officer forced to make a splitsecond decision relied on his reasonable belief that another officer had seen a gun in the suspects hands even though the suspects hands were handcuffed in front of him and the defendant officer never saw a weapon (E) holding that suspect was not in custody when officer handcuffed him for officer safety while transporting him to police station

Ex Output:
holding that use of deadly force was justified when suspect in vehicle repeatedly refused orders to raise his hands and the officer perceived that he was holding something

Ex Input:
communication need not itself contain a misrepresentation, Schmuck v. United States, 489 U.S. 705, 712-15, 109 S.Ct. 1443, 103 L.Ed.2d 734 (1989), it must be "incidental to an essential part of the scheme." Pereira v. United States, 347 U.S. 1, 8, 74 S.Ct. 358, 98 L.Ed. 435 (1954). The district court found, and we agree, that Kaye has not alleged a situation in which anyone was misled or fraudulently induced to engage in activity to their detriment. Although Kaye's allegations, if true, may amount to questionable conduct on the part of Defendants, "[n]ot all conduct that strikes a court as sharp dealing or unethical conduct is a 'scheme or artifice to defraud' " as those terms are used in the mail and wire fraud statutes. Reynolds v. East Dyer Dev., 882 F.2d 1249, 1252 (7th Cir.1989) (<HOLDING>). Kaye's allegation of wire fraud is supported
Holding statements: (A) holding that a buyer could not rely on a sellers mere expression of opinion (B) holding that sellers failure to disclose known soil conditions was not a scheme to defraud where seller did not affirmatively lie to buyer (C) holding that failure to disclose that the defendant was involved on both the sellers and buyers side of transactions constitutes a concealment of a material fact sufficient to support a charge of fraud (D) holding that the prosecution must disclose to the defense all exculpatory evidence known to the state or in its possession (E) holding that the failure to disclose evidence known to the defense cannot form the basis of a brady violation

Ex Output:
holding that a buyer could not rely on a sellers mere expression of opinion