Teacher: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.
Teacher: Now, understand the problem? Solve this instance: Defendant asserts that the application of this standard to the case at hand indicates that the district judge should have recused himself, primarily in light of the critical importance of credibility determinations throughout the proceedings. {19} As a practical matter, we acknowledge that the expression of personal opinion about the credibility of a complaining witness and the guilt of a defendant gives rise to question whether the judge could put such opinions out of his or her mind in order to ensure that the defendant received a fair trial on remand. However, authorities establish a presumption that judges will be able to set aside previously-expressed opinions and preside in a fair and impartial manner on remand. See, e.g., United States v. Howard, 218 F.3d 556, 566 (6th Cir.2000) (<HOLDING>); United States v. Nelson, 718 F.2d 315, 321
Holding statements: (A) holding that the fact that the judge on remand had presided over the defendants first trial and had expressed the opinion that the victims testimony was highly credible did not support recusal for bias (B) holding the issue of recusal of the trial judge to be preserved for appellate review must be raised in the trial court (C) holding that party who had sought disqualification of the judge who heard his cause only from the assignment judge and not the judge himself could not appropriately raise recusal issue on appeal (D) holding that the fact that a judge had ruled against the defendant is not a basis for finding the judge prejudiced (E) holding that counsel was not ineffective for not filing a motion to recuse the judge who presided at trial when the judge had also prosecuted a prior case that was used to enhance the current case
Student:
(A)