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.

of his criminal history and likelihood of reoffending. Currie notes that most of his prior convictions were remote and that he has demonstrated both a decrease in criminal behavior since 1990 and a decrease in violent conduct since 2006. However, the vast majority of Currie's adult life has been spent in prison, undermining his argument that his reduction in criminal convictions during this period is indicative of reduced criminality. Notably, Currie's dozens of institutional would impose the same sentence as a variance sentence, even if it erred in its Guidelines calculations or application of U.S.S.G. 4A1.3(a). And although Currie identified nonfrivolous mitigating factors in support of a lower sentence, see, e.g., United States v. Howard, 773 F.3d 519, 532-33 (4th Cir. 2014) (<HOLDING>), we cannot conclude, in view of the totality
Holding statements: (A) holding as a matter of law that a child of the tender age of 3 years and 8 months could not have realized the risk or danger of an artificial body of water (B) holding that adea plaintiff had failed to make a prima facie case of age discrimination when he was replaced by someone only two years younger and within the protected age group and there was no other evidence of age discriminatory motive (C) recognizing reduced culpability in youthful offenders and inverse correlation between inmates age and risk of recidivism (D) holding that a statement of fact relating to the plaintiffs age was not direct evidence of age discrimination because the relevance of the comment is provided by inference (E) holding age discrimination claim barred
(C)

F.2d 448, 451 (1st Cir.1975). Anderson's condition at the time of the statement was described as excited, nervous and scared, and he appeared as if "he did not know what to do." Moreover, his statement directly related to an exciting event, the shooting. Thus, based on the evidence and circumstances known at the time of its ruling, the trial court could have reasonably concluded that the exciting event witnessed by Anderson was the shooting itself. Accordingly, to the extent the trial court based its ruling on the fact that Anderson personally perceived the shooting, we find no abuse of discretion. We further note that the startling occurrence that triggers the excited utterance need not necessarily be the crime itself. See Salazar v. State, 38 S.W.3d 141, 154-55 (Tex.Crim.App.2001) (<HOLDING>); Couchman v. State, 3 S.W.3d 155, 159
Holding statements: (A) holding trial court could have found startling event or condition was declarants sustaining an injury or the pain she later experienced (B) holding that a logical nexus between the injury sued upon and an unre lated prior condition satisfied the rondinelli test requiring only the possibility that the plaintiffs claimed damages in whole or in part resulted from a condition or event unrelated to the defendants negligence (C) holding that a lower court properly admitted a fouryear olds hearsay statement although she made it 1215 hours after the startling event (D) holding that statement must be product of a startling event (E) holding a condition precedent is an act or event that must be performed or occur after the contract has been formed before the contract becomes effective
(A)

As noted, the parties now agree that he only needed six credits. Further, Appellant ignores the additional evidence presented by Attorney Alva, including his status as a CLE presenter on capital case litigation, for which he received double CLE credits, and his significant history as one of the most experienced capital trial defense attorneys in the Commonwealth. Based upon this testimony, the trial court, as the sole arbiter of the credibility of Attorney Alva's testimony, concluded that Attorney Alva possessed the six hours of capital case CLE credit he needed at the time of his entry of appearance in September, 2002, and given the facts of record, we see nothing upon which to disturb that factual finding. See, e.g., Commonwealth v. Fahy, 512 Pa. 298, 516 A.2d 689, 694-95 (1986) (<HOLDING>). Concerning whether the trial court violated
Holding statements: (A) holding that the finders of fact are free to believe all some or none of the evidence presented to it and are further the sole resolvers of issues of credibility decisions made by finders of fact in these regards will not be disturbed on appeal (B) holding jury as judge of credibility may believe all some or none of the testimony (C) holding that rulings on admissibility of evidence are within the discretion of the trial court and will not be disturbed absent a showing of abuse of that discretion (D) holding jury is sole judge of witness credibility and may believe some witnesses and refuse to believe others (E) holding mere conflict in testimony does not render evidence insufficient to support verdict because it is with province of fact finder to determine weight to be given to testimony and to believe all part or none of evidence
(A)