TASK DEFINITION: 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.
PROBLEM: the sentencing information balancing test urged by the dissent. The ongoing confusion concerning the breach of Wisconsin plea agreements is further highlighted by this district's issuance of an unusual, three-legged opinion. 24. While I have some sympathy with the dissent's concern about the continued integrity of the plea bargaining process, I disagree that the facts in this case can result in an unwarranted sentencing "clam up" restriction. The prosecutor not only has a right but a duty to provide information to the sentencing court. Moreover, there is nothing wrong with the prosecutor providing his or her opinion of the defendant's character, even if negative, to the sentencing court so long as the opinion is used to support the recommendation. See Ferguson, 166 Wis. 2d at 324-25 (<HOLDING>). But it makes no sense to allow the prosecutor
Holding statements: (A) holding that erroneous use of statutorily unqualified person to prepare posttrial recommendation requires new recommendation and action (B) recognizing the importance of congressional findings in determining the appropriateness of congresss remedial measures (C) recognizing prosecutors task to attempt to convince the court of the appropriateness of the recommendation (D) holding that the court will review the report and recommendation for clear error (E) holding that if counsel raises an issue the failure to convince the court to rule in an appellants favor is not ineffective performance

SOLUTION: (C)

PROBLEM: the peremptory strike. Purkett v. Elem, 514 U.S. 765, 768, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995). In this case, we cannot say that the Florida state court's judgment was contrary to, or an unreasonable application of clearly established federal law, specifically the Supreme Court's holding in Bat-son. As for the State's strike of the first black prospective juror, the interaction between the parties and the state court (where, upon being challenged, the State revealed that it wished to strike this juror because two prosecutors had seen her sleeping during the jury selection process, and the trial court then moved onto the next juror) was adequate under Batson, so trial counsel was not ineffective in that respect. See Hightower v. Terry, 459 F.3d 1067, 1072 n. 9 (11th Cir.2006) (<HOLDING>). Moreover, even assuming that Sneed's counsel
Holding statements: (A) recognizing this purpose albeit implicitly (B) recognizing that a trial judge can implicitly find a prosecutors proffered reasons credible (C) holding that the trial judge cannot simply rjubber stamp a prosecutors nonracial explanation no matter how whimsical or fanciful but in order to permit a questioned peremptory challenge must conclude that the proffered reasons are first neutral and reasonable and second not a pretext (D) holding that findings by the trial judge are considered binding on appeal when supported by adequate substantial and credible evidence (E) holding that state prosecutors agreements with defendant not binding on federal prosecutors

SOLUTION: (B)

PROBLEM: court has already 'deem[ed] just after considering' the conduct at issue here." (quoting Mo.Rev.Stat. 452.330.1) (alterations in original)). When a court distributes marital property, it does so in accordance with the parties' "rights and obligations [that] aris[e] from [their] marital status," i.e., in accordance with state family law and not the law of torts or contracts. McLaughlin, 193 F.3d at 414 (emphasis added). Although the distribution of marital property under state law may require that courts consider the spouses' conduct conduct that may or may not constitute tortious conduct that does not affect the federal courts' subject-matter jurisdiction. Stated simply, state law does not determine the scope of our jurisdiction. See Marshall, 547 U.S. at 314, 126 S.Ct. 1735 (<HOLDING>). Moreover, in situations like Wallace, other
Holding statements: (A) holding that texass probate statute does not affect whether the probate exception to federal jurisdiction applies to a case (B) holding that a suit for compensatory and punitive damages against various probate judges for conspiracy to deprive the plaintiff of property during the probate proceedings was not barred by the probate exception or rookerfeldman abstention doctrine (C) holding that a probate court lacked jurisdiction over a proceeding to declare heirship because a court empowered with probate jurisdiction may only exercise its probate jurisdiction over matters incident to an estate when a probate proceeding related to such matters is already pending in that court emphasis added quoting bailey v cherokee cty appraisal dist 862 sw2d 581 585 tex 1993 (D) holding that probate exception does not apply where plaintiffs assert claims for breach of fiduciary duty seek in personam jurisdiction over defendants and do not seek to probate or annul a will (E) holding that breach of fiduciary claim falls outside probate exception

SOLUTION:
(A)