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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Supreme Court rejected Cook's claim of error on direct appeal, finding that the prosecutor's comments were not directed at Cook's decision not to testify, and that the comment about the videotape was invited by Cook's cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook's arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant's Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor's comment on a defendant's
Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt
recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify

While Zadvydas does not explicitly mention bond, the opinion does cite to a regulation 8 C.F.R. 241.5 (promulgated by the Attorney General pursuant to his power under 8 U.S.C. 1103) which does allow the conditioning of release upon the posting of bond. See 8 C.F.R. 241.5(b) ("An officer authorized to issue an order of supervision may require the posting of a bond in an amount determined by the officer to be sufficient to ensure compliance with the conditions of the order, including surrender for removal."). Given this language in Zadvydas, we hold that conditioning a post-removal-order immigrant's release upon the posting of a bond is permissible. The one circuit court to have considered this question reached the same conclusion. Doan v. INS, 311 F.3d 1160 (9th Cir.2002) (<HOLDING>). C. A post-removal-order bond must be
Holding statements: (A) holding that even though a bond contained provisions not required by statute it must be considered statutory and not common law because the bond did not expand the payment provisions beyond those stated in statute (B) holding that the bond was intended to and did substantially comply with sjection 71323 therefore because its conditions were not broader and more protective than the statute required the contention that the bond was a common law bond failed (C) holding that taxable costs included only the premium on a surety bond posted on appeal not the fees paid for letters of credit to secure the bond where the state statute and court rule only specifically allowed for premium on any surety bond (D) holding that a bond is well within the kinds of conditions contemplated by the supreme court in zadvydas and noting that although the statute authorizing terms of supervision 8 usc 1231a3 and 6 does not expressly authorize a bond it does not exclude such a condition (E) recognizing that no bond or a nominal bond may be appropriate in cases involving the public interest
holding that even though a bond contained provisions not required by statute it must be considered statutory and not common law because the bond did not expand the payment provisions beyond those stated in statute

Double Jeopardy Clause 'only proscribes resentencing where the defendant has developed a legitimate expectation of finality in his original sentence." Id. 18 (quoting Pasquarille v. United States, 130 F.3d 1220, 1222 (6th Cir.1997)); see also, United States v. DiFrancesco, 449 U.S. 117, 137-39, 101 S.Ct. 426, 66 L.Ed.2d 328 (1980); Warnick v. Booher, 425 F.3d 842, 847 (10th Cir.2005). 137 While this court has not yet considered whether the Double Jeopardy Clause prevents the correction of a clerical error that amends a eriminal sentence, other jurisdictions have done so and have held that the correction does not violate principles of double jeopardy when there is no legitimate expectation of finality in the sentence. See Gallinat v. State, 941 So.2d 1237, 1238-42 (Fla.Dist.Ct.App.2006)(<HOLDING>); People v. Minaya, 54 N.Y.2d 360, 445 N.Y.S.2d
Holding statements: (A) recognizing that the expectation of finality and tranquility is an interest protected by the prohibition on double jeopardy (B) holding that correction of trial courts miscalculation giving credit to defendant for time not actually served did not violate double jeopardy because defendant had no legitimate expectation of finality (C) holding that defendant did not have standing to raise facial challenge to validity of aggravated assault statutes for their risk of creating double jeopardy grounds because he himself was not charged in way that created double jeopardy (D) holding that correction of sentence to conform with plea agreement did not violate double jeopardy because the defendant had no legitimate expectation of finality (E) holding that a defendant is not entitled to credit for time served as a condition of probation
recognizing that the expectation of finality and tranquility is an interest protected by the prohibition on double jeopardy