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.

Ex Input:
is knowing and voluntary, when there is a factual foundation to support it, when the state has agreed to it, then the discretion has ended and the plea must be accepted." Id. at 1041. We noted, however, that this rule applied only to "unconditional and unqualified" guilty pleas, not to negotiated pleas where the State has agreed to a particular sentence or to the disposition of particular charges, or where the State opposes the plea. Id. at 1041-42 (on motion for rehearing). Florida Rule of Appellate Procedure 9.140(b)(2)(A)(i) provides: "A defendant who pleads guilty or nolo contendere may expressly reserve the right to appeal a prior dispositive order of the lower tribunal, identifying with particularity the point of law being reserved." See State v. Ashby, 245 So.2d 225 (Fla.1971) (<HOLDING>). A trial judge has wide discretion to refuse
Holding statements: (A) holding a contemporaneous objection is required to preserve an issue for appellate review (B) holding that a defendant in a criminal case might plead no contest conditioned on the right to preserve for appellate review a question of law (C) holding that the defendant failed properly to preserve assignment of error for appellate review because the trial court had no opportunity to consider the defendants contention as presented on appeal (D) holding that there is no due process right to appellate review (E) holding that under state procedural law a timely objection is necessary to preserve a batson question for appellate review

Ex Output:
(B)

Ex Input:
Defendants contend that the amount awarded was excessive and shocking, such as to raise an irresistible inference that passion, prejudice or other improper influence invaded the trial. Defendants initially make this argument on the grounds that the disparity between punitive damages assessed against the "passive wrongdoer" (AGF) is too large in contrast to the amount assessed against the "active wrongdoer" (Risser). We reject this argument for many reasons. First, it assumes that AGF should not have been found liable for negligent retention of an employee. Obviously, the jury disagreed with this assessment. Second, the legal basis for assessing punitive damages on respondeat superior grounds is well-established. Plains Resources, Inc. v. Gable, 235 Kan. 580, 682 P.2d 653, 665 (1984) (<HOLDING>). In the U.S. Supreme Court's recent deci sion,
Holding statements: (A) recognizing that restatement second of torts 323 and 324a correctly state pennsylvania law (B) recognizing kansas courts adoption of restatement second of torts 909 1977 (C) recognizing that restatement second of torts 416 to 429 are often overlapping (D) recognizing tentative draft of restatement second of torts 652e (E) recognizing that kansas supreme court would accept the final draft of the restatement second of torts 652e adopted in 1977

Ex Output:
(B)

Ex Input:
clause. We conclude that reckless battery is a violent crime under the force clause, an issue not addressed by the Holloway opinion. See United States v. Booker, 644 F.3d 12, 20 & n.10 (1st Cir. 2011), cert. denied, 132 S. Ct. 1538 (2012). We further note that the Holloway court's conclusion with respect to reckless battery accorded with then-binding instruction from the United States Supreme Court that the residual clause is limited to an offense that "typically involve[s] purposeful, 'violent,' and 'aggressive' conduct." United States v. Holloway, supra at 260, quoting Begay v. United States, 553 U.S. 137, 144-145 (2008). Last year, however, the Supreme Court retreated from this characterization of the residual clause. Sykes v. United States, 131 S. Ct. 2267, 2270, 2277 (2011) (<HOLDING>). The Court iterated that "[t]he phrase
Holding statements: (A) holding that under indiana law fleeing an officer in a vehicle constitutes a violent felony under begay because the flight must be done knowingly or intentionally (B) holding massachusetts conviction for larceny from the person constitutes violent felony under the residual clause of the acca (C) holding that burglary is violent felony (D) holding that vehicular flight from police officer after order to stop is violent felony under residual clause (E) holding that ohios thirddegree burglary statute constituted a violent felony under the residual clause of the armed career criminal act

Ex Output:
(D)