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:
statement during closing argument regarding his personal opinion of the defendant's guilt was improper, but not reversible error). Where it appears that no other verdict could have been properly rendered, prosecutorial misconduct is not reversible error. Hillen v. People, 59 Colo. 280, 284, 149 P. 250, 252 (1915). In light of the overwhelming evidence presented at trial against the defendant, we conclude that the prosecutor's improper remark during closing argument was harmless beyond a reasonable doubt. Id. at 985 (emphasis added); see also Harris, 888 P.2d at 268 (stating that "the sufficiency of the evidence presented at trial will be considered on appeal when evaluating claims of prosecutorial misconduct"); Grandbouche v. People, 104 Colo. 175, 185, 89 P.2d 577, 581 (1939) (<HOLDING>); Miller v. People, 70 Colo. 313, 317, 201 P.
Holding statements: (A) holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment (B) holding the rule that the singular includes the plural obviously is not one to be applied except where it is necessary to carry out the evident intent of the statute (C) holding that 1 usc 1 does not apply except where it is necessary to carry out the evident intent of the statute (D) holding that the rule is that where the guilt of an accused is evident incidental improper action upon the part of the prosecuting officer may be overlooked (E) holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment
answer:
(D)

question:
use of low-beam headlights within 500 feet of an oncoming vehicle. While we recognize that drivers may be accustomed to quickly flashing their high-beam headlights at an oncoming vehicle as a signal to dim headlights, there is no evidence in this case that the officer was driving with his high-beam headlights. Furthermore, the statute does not provide any exceptions for the momentary flashing of high-beam headlights. Thus, we must conclude the statute prohibits the use of high-beam headlights within 500 feet of an oncoming vehicle, for any length of time and for any purpose. [ 12] We recognize that at least one other appellate court has interpreted similar statutory language and reached the opposite conclusion. See Waukesha County v. Meinhardt, 2001 WI App 146, 9-10, 630 N.W.2d 277 (<HOLDING>). In another case involving a similar statute,
Holding statements: (A) holding that meinhardt did not commit a violation by flashing his highbeam headlights two times at an oncoming vehicle because the plain language of the statute did not prohibit the quick flashing of highbeam headlights (B) recognizing that where the statutory language is not ambiguous the plain and ordinary meaning of the statute must be given effect (C) holding that general statement of intent does not override plain language of statute (D) holding that the title of the statute did not limit the reach of the statute (E) holding the trial judge did not commit reversible error through the chosen method of remedying the batson violation
answer:
(A)

question:
Loans, L.P. v. Estate of Bracher, 93 S.W.3d 469, 480-81 (Tex.App.-Houston [14th Dist.] 2002, no pet.). In FCLT, the court noted that no formal recognition of a fiduciary relationship between the executor and estate creditors exists, like the one between the executor and estate beneficiaries. Id. The executor holds the estate property in trust for the beneficiaries because they have a vested right in that property, but she does not hold it in trust for the creditors, whose claims against the estate are contingent. Id. at 480-81. The court observed that no provision in the Probate Code establishes that an independent executor holds the estate property in trust for those with claims against the estate. Id. But see Ertel v. O'Brien, 852 S.W.2d 17, 20-21 (Tex.App.-Waco 1993, writ denied) (<HOLDING>); Ex parte Buller, 834 S.W.2d 622, 626
Holding statements: (A) holding that the bank trustee of a relevant plan was not a fiduciary in regard to real estate interests because it performed only administrative and ministerial functions (B) holding that bank as coexecutor of estate breached its fiduciary and statutory duties to creditor when it failed to pay creditors claim against estate and instead paid claims of bank and other creditors (C) holding single coexecutors release of mortgage debt paid to estate was valid and binding on estate because acts of any coexecutor in respect to the administration of the effects of the estate are deemed to be the acts of all as where one releases a debt or settles an account of a person with the deceased or surrenders a term or sells the goods and chattels of the estate his act binds the others characterizing conversion of decedents personal property into cash as act in due course of administration of estate (D) recognizing that the party can instead file a claim against the estate (E) holding claimant waived right to jury trial on claims brought against it on behalf of bankruptcy estate when it submitted its proof of claim against the estate and subjected itself to the equitable powers of the bankruptcy court
answer:
(B)