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.
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Question: appropriate relief for such a violation is for the habeas court to "vacate the judgment of conviction and enter a new judgment from which an appeal can be taken." Id. Defendant argues that the Peak line of eases applies to his situation, and that his appellate rights should thus be reinstated. However, the Peak rule does not apply in defendant's ease, as the appeal at issue is not an appeal from a conviction. A Sixth Amendment right to counsel does not attach to an appeal from a supervised release revocation hearing. Borrego v. United States, 975 F.Supp. 520, 523 (S.D.N.Y.1997). This follows logically from the fact that there is no guaranteed constitutional right to counsel at the supervised release revocation hearing itself. See United States v. Meeks, 25 F.3d 1117, 1123 (2d Cir.1994)(<HOLDING>); see also United States v. Pelensky, 129 F.3d
Holding statements: (A) holding that defendants have a right to counsel in criminal proceedings (B) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (C) recognizing constitutional right to effective counsel (D) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (E) holding that most of the fundamental constitutional procedural protections that are normally applicable to a criminal prosecution are not required for supervisedrelease proceedings as a matter of constitutional law including a right to counsel

Answer: (E)

Question: to recall the mandate discussed in Calderon, by comparison, seek the adjudication of constitutional claims; they do not constitute collateral attacks on the integrity of the court of appeals's judgment. Hence, they differ from true Rule 60(b) motions and must be denied. D. Having distinguished between SSHPs and Rule 60(b) motions, I nonetheless share the majority's general concern that petitioners will disguise the former as the latter to avoid AEDPA's restrictions. We must craft a holding that curtails this abuse. We do not write on a blank slate here, as virtually all of our sister circuits have addressed this issue. Some circuits have held that all Rule 60(b) motions are SSHPs, regardless of the nature of the claims presented. See Lopez v. Douglas, 141 F.3d 974, 975 (10th Cir.1998) (<HOLDING>); Gee v. Shillinger, 1998 WL 43155, *1-*2, 1998
Holding statements: (A) holding that the district court erred in failing to recharacterize a rule 60b motion as an sshp and reversing with the instruction to dismiss for lack of jurisdiction (B) holding that defenses under rule 60b may be waived (C) holding without specifying exceptions that rule 60b motions are sshps under aedpa (D) holding without extended discussion that even if the district court should have construed the petitioners motion under 18 usc 3582c2 as a rule 60b motion the court would nonetheless have had to recharacterize the rule 60b motion as an sshp (E) holding without extended discussion that the peti tioners rule 60b motion was an sshp under aedpa

Answer: (E)

Question: viability which is more workable." See also Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986) (finding unconstitutional Florida's procedures for determining sanity for purposes of execution, and setting forth guidelines for states to follow to ensure constitutionally adequate safeguards in future litigation); Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972) (per curiam) (finding unconstitutional the imposition of the death penalty as cruel and unusual punishment in violation of the 8th and 14th Amendments to the United States Constitution, and suggesting that death sentences could be constitutionally imposed if states limit the class of murderers to which the death penalty may be applied); Brooks v. Hobbie, 631 So.2d 883, 889-90 (Ala.1993) (<HOLDING>); Morgan County Commission v. Powell, 292 Ala.
Holding statements: (A) holding that in a redistricting case the legislature has the initial responsibility to act but in the event the legislature fails to act the responsibility shifts to the state judiciary (B) holding that the movant has the initial responsibility of informing the district court of the basis for its motion (C) holding that in order for there to be state debt in the constitutional sense one legislature in effect must obligate a future legislature to appropriate funds to discharge the debt created by the first legislature (D) holding that a statutory right is a creature of the legislature and does not exist where the legislature has not acted (E) holding that the official charged with responsibility to act must be an official within the doj with the authority to act in the circumstances

Answer:
(A)