instruction:
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.
question:
should be drawn from the defendant's failure to call his accomplices to testify. The prosecutor remarked only that Mitchell had the power to subpoena witnesses, and that the defense could do so "if they thought it would contradict something [the State! presented." In light of defense counsel's earlier statements that "clearly you have a situation where a misidentification could take place," and that the jury should be able to see Corprew, Cochran, and Henderson in the courtroom, the prosecutor's remarks did not relate to the substance of those witnesses' potential testimonies. Had the prosecutor inferred that Corprew, Cochran, and Henderson would have testified unfavorably to the defense, that inference might well have conflicted with Christensen, 274 Md. at 140-41, 333 A.2d at 49 (<HOLDING>). Nevertheless, we conclude that the
Holding statements: (A) holding that trial court has discretion to permit defendant to call accused witness to stand and permit witness to invoke fifth amendment privilege in front of jury where entire defense was centered on witness commission of crime (B) holding that sixth amendment only requires that witness be brought to court not that he be required to take witness stand after refusing to testify and observing that it is irrelevant whether the witnesss refusal is grounded in a valid fifth amendment privilege an invalid privilege or something else entirely (C) holding that an adverse inference cannot be drawn from a defendants failure to call a witness if the states evidence establishes that the witness is an accomplice who would be entitled to assert a fifth amendment privilege (D) holding that witness was not an accomplice in distributing marijuana to himself (E) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify
answer:
(C)

question:
of death which does not meet these requirements is voidable by the donor (if he recovers) or his personal representative. Hulley v. Chedic, 22 Nev. 127,146, 36 P. 783 (1894). In other words, a gift in contemplation of death'is presumptively voidable by the personal representative of the deceased, and the presumption may be rebutted by the donee with clear and convincing evidence of the six elements listed above. Although Goldsworthy and Hulley are the only Nevada cases ever to have examined the gift causa mortis doctrine, and they have never been overruled, at least one Nevada case has suggested (in a different context) that the burden of proof may not be on the donee. North Arlington Medical Building, Inc. v. Sanchez Construction Company, 86 Nev. 515, 521, 471 P.2d 240, 244 (Nev.1970) (<HOLDING>). North Arlington is not really on point,
Holding statements: (A) holding a sentence within the advisory guidelines range is presumptively reasonable (B) holding that inter vivos gift to minor is presumptively effective under nrs 167040 (C) holding that the purpose of nrs 1760551 is to ensure that all time served is credited towards a defendants ultimate sentence (D) holding that belowguidelines sentence is presumptively reasonable (E) holding a delay approaching one year is presumptively unreasonable
answer:
(B)

question:
Copeland and Stokes. Additionally, Minor argues the family court erred in allowing the State to call Eric as a witness at trial. Minor contends the State sought solely t failing to grant its directed verdict motion as to grand larceny when the State failed to present evidence the items stolen from Izzard were worth more than one thousand dollars. This issue is not preserved for our review because it was not raised at trial. See Guider v. Churpeyes, Inc., 370 S.C. 424, 430 n. 2, 635 S.E.2d 562, 566 n. 2 (Ct.App.2006) (finding defendant did not preserve argument regarding malice and damages in malicious prosecution claim when failure to meet those elements was not argued in directed verdict motion); see also Scoggins v. McClellion, 321 S.C. 264, 267, 468 S.E.2d 12, 14 (Ct.App.1996) (<HOLDING>); Hendrix v. E. Distribution, Inc., 316 S.C.
Holding statements: (A) holding that the trial court erred in granting the school boards posttrial motion for directed verdict because although the school board timely moved for a directed verdict during trial it did not serve its motion for directed verdict until the eleventh day after the verdict (B) holding defendant did not preserve argument regarding element of negligence in tort claim when only causation and punitive damages were raised in directed verdict motion (C) holding that objection made at directed verdict stage and in motion for new trial were timely (D) holding that even if the trial court had erred in denying the defendants motion for a directed verdict on punitive damages the error was harmless because the jury found in favor of the defendant and never reached the punitive damages claims (E) holding that a negligence claim is not a personal injury tort claim
answer:
(B)