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.

testified that he examined bullets and casings found at both S & A Food Store and Fast Freddy's. He concluded that the .9 millimeter used in the S & A offense was also fired during the Fast Freddy's offense. Therefore, the State's evidence showed a strong correlation between the S & A offense and the Fast Freddy's offense, providing both intent and identity evidence in the Fast Freddy's offense and eliminating the need for the Vogt Street offense. c. No Need for Vogt Street Offense The evidence outlined above shows that the State's evidence of Russell's intent in the Fast Freddy's offense was strong; therefore, the need for the extraneous Vogt Street offense was minimal at best. See Montgomery, 810 S.W.2d at 390; Graff v. State, 65 S.W.3d 730, 740 (Tex.App.-Waco 2001, pet ref'd) (<HOLDING>). The State's evidence showing Russell's intent
Holding statements: (A) holding that the cumulative effect of the evidence was sufficient to establish that defendant constructively possessed the methamphetamine laboratory discovered in a bedroom she shared with a renter (B) holding that methamphetamine retained for personal use by the defendant who had been convicted of conspiracy to distribute the substance and never argued any of the methamphetamine was lawfully obtained was properly considered contraband with which he was directly involved and therefore relevant conduct (C) holding that the enhancement applied where the defendant possessed a firearm in connection with possessing methamphetamine (D) holding the state did not need this evidence of possession of 147 boxes of cold pills used to manufacture methamphetamine because the state had other convincing evidence to establish the defendants intent to deliver methamphetamine (E) holding that the state is not allowed to suppress evidence but it need not collect evidence for the defendant
(D)

or even every valid governmental purpose, is an appropriate reason for breaching grand jury secrecy." Id. at 480, 103 S.Ct. 3164. It goes without saying that the district court's inherent authority does not include the power to contravene or circumvent an "express grant of or limitation on the ... court's power contained in a rule or statute." Dietz v. Bouldin, U.S.-, 136 S.Ct. 1885, 1892, 195 L.Ed.2d 161 (2016); see also Carlisle v. United States, 517 U.S. 416, 426, 116 S.Ct. 1460, 134 L.Ed.2d 613 (1996) ("Whatever the scope of [the court's] 'inherent power,' ,,. it does not include the power to develop rules that circumvent or conflict with the Federal Rules of Criminal Procedure."); Bank of Nova Scotia v. United States, 487 U.S. 250, 254, 108 S.Ct. 2369, 101 L.Ed.2d 228 (1988) (<HOLDING>). Rule 6(e) is an express limitation on the
Holding statements: (A) holding that the substantial rights inquiry of federal rule of criminal procedure 52b mirrors rule 52as harmless error inquiry except that the burden in the former falls on the defendant to show prejudice (B) holding that a district court cannot invoke its inherent authority to circumvent the harmlesserror inquiry required by rule 52a of the federal rules of criminal procedure (C) holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure (D) holding that rule 33 of the federal rules of criminal procedure is an inflexible claimprocessing rule that may be waived if not raised (E) recognizing the inherent common law authority of courts to promulgate rules of practice and procedure
(B)

judgment, the District Court granted defendants' motion and dismissed the complaint. On appeal, Bourdon contends that the District Court erred in granting summary judgment to defendants. He argues that his appointed counsel was ineffective and therefore, notwithstanding his representation by that attorney, defendants hindered Bourdon's access to the state trial court, in violation of his constitutional right of access to the courts, when they denied Bour-don's request for reference materials. Bourdon, however, has not asserted a cause of action of ineffective assistance of counsel, and, in any event, an ineffectiveness cause of action would be inappropriate in a proceeding brought under 1983. See Polk County v. Dodson, 454 U.S. 312, 318-19, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981) (<HOLDING>); Rodriguez v. Weprin, 116 F.3d 62, 65-66 (2d
Holding statements: (A) holding that a state prisoner may not challenge the constitutionality of his conviction in a suit for damages under 42 usc 1983 (B) holding that suits under 42 usc 1983 do not override state immunity (C) holding that 42 usc 1396aa13a is enforceable in a suit under 1983 (D) holding that a state is not a person under 42 usc 1983 (E) holding that public defenders do not act under color of state law and therefore are not subject to suit under 42 usc 1983
(E)