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.
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Question: that Turner exhibited symptoms of ADHD prior to the age of seven, a requirement for diagnosis of this condition, and none of the data reviewed by Dr. Danziger suggested an onset prior to age seven either. Had trial counsel presented Dr. Eisenstein as an expert during the penalty phase, the State would have undermined his opinions in the same manner as occurred during the evidentiary he ) (rejecting Caldwell challenge to the standard jury instructions on the mer jecting challenge to constitutionality of execution methods as meritless); Darling v. State, 45 So.3d 444, 447-48 (Fla.2010) (rejecting challenge to constitutionality of section 945.10, Florida Statutes (2007), which exempts from public records the identity of an executioner); Israel v. State, 985 So.2d 510, 521 (Fla.2008) (<HOLDING>). Cumulative Error Finally, where the
Holding statements: (A) holding that the right to counsel in probation revocation proceedings is not absolute where the defendant has been convicted of or has admitted to committing a crime (B) holding if there has been no termination of employment there has been no layoff or reduction in force (C) holding that a claim that the defendant may be insane at the time of execution is premature where no death warrant has been signed and the defendant has not been found to be incompetent (D) recognizing that it has long been the rule that a mechanics lien claim may be waived (E) holding the same where the term conviction refers to a defendant who has been found guilty of a listed offense but has not yet been sentenced

Answer: (C)

Question: erred in denying without a hearing his claim that trial counsel were ineffective because they "were under a conflict of interest in this case because counsels' interest in spending the minimum amount of time on a case for which they were receiving no money conflicted with [Movant's] desire that his case be fully litigated and investigated.... " The State counters that the trial court did not clearly err in denying this claim because Movant failed to plead facts not refuted by the record demonstrating an actual conflict. To prevail on a claim of ineffective assistance of counsel based on a conflict of interest, a movant must show that an actual conflict of interest adversely affected counsel's performance. Conger v. State, 356 S.W.3d 217, 221 (Mo.App.E.D. 2011) (quotation omitted) (<HOLDING>). "In order to prove a conflict of interest,
Holding statements: (A) holding that the trial court abused its discretion in denying a motion to substitute counsel on the strength of gonzalezs sworn responses at the pleataking that no one was threatening him or forcing him to plead where the defendant alleged that his attorney forced him to plead guilty and threatened him if he did not take the plea (B) holding that defendant failed to plead sufficient facts and instructing the trial court to dismiss the plaintiff from the case (C) holding that right to appeal claim of ineffective assistance of counsel alleging that counsel failed to convey plea negotiations timely and adequately inform of consequences of pleading guilty to jury for sentencing waived because plea of guilty to jury was independent of and not supported by alleged ineffective assistance of counsel claims (D) holding no coercion where counsel told movant his conviction was likely because movant stated he understood full range of punishment and no one threatened him to plead guilty (E) holding that the movant failed to establish that plea counsel coerced him to plead guilty to avoid taking the case to trial

Answer: (E)

Question: retail installment sales contract for eight vehicles nonexecutory where debtor's only obligation was payment and creditor's only obligation concerned limited repair warranty); Riggs Nat. Bank of Wash, D.C. v. Perry (In re Perry), 25 B.R. 817, 819-20 (Bankr.D.Md.1982) (finding installment sales contracts for vehicles not executory within meaning of 365); Brock v. Am. Sec. Bank (In re Brock), 23 B.R. 998, 1002 n. 8 (Bankr.D.D.C.1982) (noting, without deciding, that installment sales contract for vehicle purchase "would not ordinarily be deemed an executory contract simply because the sole and remaining obligation under the contract is that of the debtor to maintain periodic contractual payments called for in the contract itself'); In re Whatley, 16 B.R. 394, 398 (Bankr.N.D.Ohio 1982) (<HOLDING>). Accordingly, we affirm the nonexe-cutory
Holding statements: (A) holding that a lien cannot be estopped into existence where the borrowers promised to execute a lien in the manner mandated by the constitution and then failed to do so (B) holding the beginning of a creditors action to subject an equitable estate to the payment of a judgment gives a specific lien upon the property which it is sought to reach and this lien continues while the cause is pending (C) holding that the lien bond releases the property from the lien but the lien is then secured by the bond (D) holding that insurance obligation was primary to indemnity obligation (E) holding creditors obligation to cancel lien not sufficient to make the contract execute ry

Answer:
(E)