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: appeals from the district court's order denying his Federal Rule of Civil Procedure 59 motion for reconsideration challenging the dismissal of his 28 U.S.C. 2254 petition. We have jurisdiction under 28 U.S.C. 2253, and we affirm. Henderson contends that the district abused its discretion by denying his motion, which we construe as a motion for relief from final judgment based on Federal Rule of Civil Procedure 60(b). See Straw v. Bowen, 866 F.2d 1167, 1171-72 (9th Cir.1989). The district court did not abuse its discretion when it denied Henderson's motion because his almost two-year delay before filing the motion was not reasonable. See Fed.R.Civ.P. 60(c) ("A motion under Rule 60(b) must be made within a reasonable time.... "); In re Hammer, 940 F.2d 524, 526 (9th Cir. 1991) (<HOLDING>). AFFIRMED. ** This disposition is not
Holding statements: (A) holding that an over twoyear delay without any excuse was unreasonable as a matter of law (B) holding that it was not an abuse of discretion to find an unexcused twoyear delay unreasonable (C) holding it was not an abuse of discretion to deny funds (D) holding it was not an abuse of discretion to exclude testimony (E) holding that twoyear delay was not reasonable

Output: (B)

Input: Consider Input: automobiles are likewise per se reasonable given probable cause, then by the same logic any search or seizure could be carried out without a warrant, and we would simply have read the Fourth Amendment out of the Constitution"). The Court cannot allow law enforcement to emasculate well settled constitutional protections in order to cure their own mistake. 9 . The Court notes that the Supreme Court has implied that exigent circumstances are never necessary to justify a warrantless search, but has never expressly stated such a conclusion without first noting that the vehicle in question was somehow readily mobile. See Search And Seizure, supra at 477-81, 91 S.Ct. 2022. As a result, lower courts have split when interpreting its meaning. See United States v. Reed, 26 F.3d 523 (5th Cir.1994) (<HOLDING>); United States v. Reis, 906 F.2d 284 (7th
Holding statements: (A) recognizing that among the circumstances accepted as providing exigent circumstances for a warrantless search are those where a true emergency exists (B) holding that officers cannot base a warrantless search on an exigent circumstance of their own creation (C) holding that the searehincidenttoalawfularrest rule does not apply to a warrantless search that provides the probable cause for the subsequent arrest because one cannot justify the arrest by the search and then simultaneously justify the search by the arrest (D) holding that camey notwithstanding the fact that a car is moveable alone is not sufficiently exigent circumstances to justify a warrantless search (E) holding that parole status alone is insufficient to justify search of a parolee

Output: (D)

Input: Consider Input: Wright, 497 U.S. at 819, 110 S.Ct. at 3148, 111 L.Ed.2d at 655). Such guarantees of trustworthiness are gleaned from the totality of circumstances "that surround the making of the statement and that render the declarant particularly worthy of belief." Id. Corroborating evidence, however, may not be used to demonstrate trustworthiness: "the statement must be trustworthy on its own." Id. (emphasis in original). [ 38.] The trial court concluded that the victim's statements in this case were both relevant and probative. See State v. Davi, 504 N.W.2d 844, 854 (S.D.1993). Accordingly, it admitted the statements under SDCL 19-16-6, the excited utterance exception, SDCL 19-16-7, the state of mind exception, and SDCL 19-16-35, the residual exception. [ 39.] Only one statement was admitt 96) (<HOLDING>); State v. Jones, 137 N.C.App. 221, 527 S.E.2d
Holding statements: (A) holding statements admissible to rebut defendants claims of selfdefense suicide or accidental death (B) holding that evidence of customer inquiries is admissible under the state of mind exception to the hearsay rule (C) holding victims statements to coworkers admissible to rebut defendants claim that they had a good marriage (D) holding that victims statements were hearsay admissible under the state of mind exception to the hearsay rule and constitutionally permissible under ohio v roberts citations omitted (E) holding victims statements admissible under state of mind exception to rebut defendants claim of accident andor suicide
Output: (E)