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.

Input: Consider Input: trial court's judgment wherein the appellant was sentenced to a loss of liberty").' """"Berry v. State, 630 So.2d 127, 130 (Ala.Crim.App.1993) (footnote omitted). See also Custis v. United States, 511 U.S. 485, 494, 114 S.Ct. 1732, 128 L.Ed.2d 517 (1994) (' "If the accused ... is not represented by counsel and has not competently and intelligently waived his constitutional right, the Sixth Amendment stands as a jurisdictional bar to a valid conviction and sentence depriving him of his life or his liberty.... The judgment of conviction pronounced by a court without jurisdiction is void, and one imprisoned thereunder may obtain release by habeas corpus." ') (quoting Johnson v. Zerbst, 304 U.S. 458, 468, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938)); Weakley v. State, 721 So.2d 235, 236 (Ala.1998) (<HOLDING>)." """Thus it is the lack of counsel, coupled
Holding statements: (A) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (B) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (C) recognizing the right to counsel on appeal (D) holding that the statutory right to counsel at a civil commitment hearing implicitly includes the right to the effective assistance of that counsel (E) holding that the right to counsel at arraignment is a jurisdictional matter

Output: (E)

Input: Consider Input: Inc., No. 08 Civ. 5653(PAC), 2011 WL 3874821 (S.D.N.Y. Aug. 16, 2011) ("NJ v. DLJ"); NJ Carpenters, 272 F.R.D. 160 (finding Rule 23(a) requirements were met, but not Rule 23(b)(3) requirements). 59 . DI 294, at 30-33. 60 . Pub. Emps.' Ret. Sys. v. Merrill Lynch & Co. Inc., 714 F.Supp.2d 475, 484 (S.D.N.Y.2010) (stating Section 12(a)(2) standing is limited to "persons who have directly purchased the securities from underwriting defendants in the subject public offering(s), and not in the secondary market"); In re Sterling Foster & Co., Inc., Sec. Litig., 222 F.Supp.2d 216, 244 (E.D.N.Y.2002) ("[P]urchasers in private or secondary market offerings are precluded from bringing actions under Section 12(a)(2)."). 61 . DI 294, at 30; DI 300, at 17. 62 . See IndyMac I, 718 F.Supp.2d at 513 (<HOLDING>). 63 . This of course means that it does not
Holding statements: (A) holding that a party waived the claims she failed to pursue in her merit brief (B) holding that because 544b1 provides only the power of avoidance it does not confer authority on the trustee to pursue state law damage claims but that the trustee could pursue such claims under 544a1 or 2 if the claims could have been asserted by the debtor corporation (C) holding pinter analysis to apply to claims arising under 12a2 (D) holding that a trustee had no standing to pursue claims of fraud against the debtors accountant because under connecticut law those claims belonged to investors (E) holding wyoming only had standing to pursue section 12a2 claims as to indx 2006ar11

Output: (E)

Input: Consider Input: claim was procedurally barred because the state court had rested its decision on an independent and adequate state ground failure to comply with the contemporaneous objection ruleand because cause and prejudice were not shown. On appeal, Mercado challenges the district court's finding. He concedes the procedural default, but asks this Court to find cause and prejudice. See Coleman v. Thompson, 501 U.S. 722, 750, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991) (requiring a showing of "cause for the default and actual prejudice as a result of the alleged violation of federal law"). He identifies the court's interference with his trial counsel's efforts to make a contemporaneous objection as "cause" for the default. See Murray v. Carrier, 477 U.S. 478, 488, 106 S.Ct. 2639, 91 L.Ed.2d 397 (1986) (<HOLDING>). We find no such interference, and no other
Holding statements: (A) holding that exclusion of defense witness does not violate sixth amendment where defendant failed to comply with discovery rule requiring that witnesses be identified before trial (B) holding that failure to comply with state contemporaneous objection rule bars federal review absent a showing of cause and prejudice (C) holding that consideration of a claim in a petition for habeas corpus can be barred by failure to comply with state procedural rules (D) holding that the district court properly allowed the defendant who asserted the disputed defense as a contested issue of law in the joint pretrial order to pursue the defense despite the defendants failure to comply with rule 8c (E) holding that cause exists where some objective factor external to the defense impeded counsels efforts to comply with the states procedural rule
Output: (E)