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: basis in which defendants are considered. I question whether that concern for individuality exists under a system which not only admits expert testimony deduced without examining the subject but also, as in this case, accepts the possibility that jurors will allow that evidence, rather than factors more personal to a defendant's crime and character, to effectively condemn that individual to death. 1 . As the Court of Criminal Appeals admitted, "the State's case at [Flores'] punishment [hearing], to some extent, rested upon Dr. Griffith's testimony." Flores v. State, 871 S.W.2d 83, 77 L.Ed.2d 1090 (1983) (allowing the use of psychological testimony on a defendant's alleged "future dangerousness"); Penry v. Lynaugh, 492 U.S. 302, 492 U.S. 302, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989) (<HOLDING>); Franklin v. Lynaugh, 487 U.S. 164, 108 S.Ct.
Holding statements: (A) holding that the trier of fact must be allowed to consider and give effect to all relevant mitigating evidence (B) recognizing that texas courts have adopted the aamr definition of mental retardation providing that mental retardation must manifest before age of 18 years (C) holding that the sentencing structure allowed the jury to give mitigating effect to petitioners prison record (D) holding that the key under pewy i is that the jury be able to consider and give effect to a defendants mitigating evidence in imposing sentence (E) holding that the sentencing procedure was inadequate in failing to allow jury to give mitigating effect to defendants mental retardation and abusive background

Answer: (E)

Question: judgment action the Court should consider the following factors: (1) avoiding needless determination of state law issues; (2) discouraging litigants from filing declaratory actions as a means of forum shopping; and (3) avoiding duplica-tive litigation. Id. In addition, the Court should retain jurisdiction on a declaratory judgment action where it is necessary to avoid piecemeal litigation. Snodgrass v. Provident Life & Accident Ins. Co., 147 F.3d 1163, 1167 (9th Cir.1998). The Court has already concluded that 616D.030 does not preclude Plaintiffs state law claims, therefore, declining to exercise jurisdiction over the declaratory judgment claim would result in piecemeal litigation. Because a declaratory action is a procedural remedy, the Court grants leav 956 P.2d 117, 119-20 (1998)
Holding statements: (A) holding 616d030 barred employees actions where employees sued the state industrial insurance system alleging bad faith administration of their workers compensation claims (B) holding that the peculiar risk doctrine has no application to employees of independent contractors whose claims fall within the workers compensation system (C) holding 616d030 barred employees action where employee alleged the insurance carrier acted in bad faith in handling the claim (D) recognizing retaliatory discharge claim where employer prevented employees exercise of workers compensation rights because of employees intention to file claim (E) holding 616d030 did not preclude the plaintiff from bringing a tortious discharge action for filing a workers compensation claim because the statutory scheme applies only to the administration of the act

Answer: (A)

Question: Judge. James Carter appeals a non-final order finding him in contempt of court for failing to pay temporary child support and temporary alimony. We affirm in part and reverse in part. Tina Carter filed a petition for dissolution of marriage against James Carter. After a hearing, James was ordered to pay weekly te the opportunity to include a purge provision in the contempt order. James Carter was sentenced to serve 30 days in the county jail, but the order does not permit him to purge himself anytime after incarceration. See Thurman v. Thurman, 637 So.2d 64, 65 (Fla. 1st DCA 1994) (citing State ex rel. Coody v. Muszynski, 402 So.2d 81 (Fla. 5th DCA 1981) (<HOLDING>)). AFFIRMED in part, REVERSED in part, and
Holding statements: (A) holding that a contempt finding may be averted if the alleged contemnor establishes 1 (B) holding that a civil contemnor must be permitted to be purged by complying with the disobeyed order (C) holding an issue must be raised to and ruled upon by the trial court in order to be preserved for review (D) holding that because civil contempt is only to obtain compliance it must be used only where the contemnor has the present ability to comply with the court order and the trial court specifically finds that the contemnor has that ability (E) holding that the district court committed reversible error by imposing criminal sanctions in a civil proceeding which did not afford the contemnor the procedural protections the constitution requires for the imposition of criminal contempt sanctions

Answer:
(B)