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.

Q: as here, the recalcitrant witness is at liberty pending appeal. In so holding, we join all of the circuits which have squarely addressed the issue. See In re Grand Jury Matter, 906 F.2d 78, 82-83 (3d Cir.1990), cert. denied sub nom. Backiel v. United States, U.S. -, 111 S.Ct. 509, 112 L.Ed.2d 521 (1990); In re Sealed Case, 829 F.2d 189 (D.C.Cir.1987); In re Grand Jury Proceedings, 785 F.2d 629, 631 n. 4 (8th Cir.1986); United States v. Johnson, 736 F.2d 358, 361-62 n. 5 (6th Cir.1984); In re Witness Before Special October 1981 Grand Jury, 722 F.2d 349, 353 (7th Cir.1983); In re Rosahn, 671 F.2d 690, 694 (2d Cir.1982); Brown v. United States, 465 F.2d 371, 372 (9th Cir.1972). But see In re Berry, 521 F.2d 179 (10th Cir.), cert. denied, 423 U.S. 928, 96 S.Ct. 276, 46 L.Ed.2d 256 (1975) (<HOLDING>). The foregoing cases have noted that the
Holding statements: (A) holding that the deadmans statute should not be extended by judicial construction to cases not clearly within its terms (B) recognizing that denying outofeell exercise for extended periods may constitute cruel and unusual punishment (C) holding that it may not (D) holding that the statutes 30 day provision is mandatory and may not be extended and dicta that it may not be extended by release from incarceration (E) holding that statutory habeas jurisdiction extended to guantanamo

A: (D)
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Q: this case was scheduled for a date approximately six months after the permanent injunction had expired. The procedural posture of this case is comparable to that of Madonna, in which the plaintiffs challenged their confinements while awaiting a hearing to determine whether they should be committed to mental institutions. 295 N.W.2d at 358. The plaintiffs filed petitions for habeas corpus during their pre-hearing confinements, which lasted only a matter of weeks, but the petitions were not adjudicated before their pre-hearing confinements ended. Id. at 358-59. Approximately two and one-half years later, the supreme court held that the case was not moot, reasoning that "some method of review must exist." Id. at 361; see also Burkstrand v. Burkstrand, 632 N.W.2d 206, 208 n. 2 (Minn.2001) (<HOLDING>); Davis v. Davis, 297 Minn. 187, 188 n. 1, 210
Holding statements: (A) holding that challenge to oneyear order for protection was not moot even though it had expired (B) holding that district court may award money due under a statute even though time for disbursement had expired (C) holding that challenge to oneyear residency requirement for divorce action was not moot even though plaintiff had since satisfied requirement (D) holding expired child abuse protective order not moot because of possible effect on future custody determinations (E) holding that a first amendment challenge to an expired restraining order which had enjoined a rally was not moot

A: (A)
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Q: at 4. This finding of bad faith is amply supported by the record: Sauers admitted that he could not present facts to challenge the Commissioner's determination of tax deficiency, he refused to engage in a stipulation of facts, and his legal arguments have been repeatedly rejected by the courts. See, e.g., Welch v. Helvering, 290 U.S. 111, 54 S.Ct. 8, 78 L.Ed. 212 (1933) (establishing that burden of proof in Tax Court is on the taxpayer); Nash Miami Motors, Inc. v. Commissioner, 358 F.2d 636 (5th Cir.), cert. denied, 385 U.S. 918, 87 S.Ct. 227, 17 L.Ed.2d 142 (1966) (relying on Ex parte Bakelite Corp., 279 U.S. 438, 49 S.Ct. 411, 73 L.Ed. 789 (1929) for the conclusion that the statute establishing the Tax Court does not unconstitutionally violate separation of powers); Larsen at 941-942 (<HOLDING>); Wright v. Commissioner, 752 F.2d 1059, 1062
Holding statements: (A) holding no first amendment right to file frivolous grievances (B) holding that the court of claims did not have jurisdiction over plaintiffs first amendment claim of improper removal (C) holding that article iii courts have an independent obligation to determine whether subject matter jurisdiction exists (D) holding the following claims to be frivolous 6673 infringes upon first amendment right to petition tax court cannot have jurisdiction because it is not an article iii court (E) holding that the bankruptcy courts jurisdiction to adjudicate common law claims violated article iii without deciding the claims

A:
(D)
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