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: residence. Upon arrival, the police recovered shell casings from a .40 caliber weapon. Robles told the police that he was not home when the shots were fired, and he denied-owning a .40 caliber weapon. Despite Robles' denials, Detective Cabrera recovered a .40 caliber pistol that was registered to Robles. The police did not follow up with Robles or the witnesses. Once again, Robles was not charged. In August 2010, Johnson amended his pending PCRA petition to allege that the Commonwealth violated Brady by withholding the above-described police reports. The PCRA court dismissed Johnson's amended petition as untimely. On appeal, however, this Court reversed and remanded for a merits review of Johnson's Brady claim. See Commonwealth v. Johnson, 619 Pa. 386, 64 A.3d 621 (2013) (per curiam) (<HOLDING>). After remand, the PCRA court granted
Holding statements: (A) holding that the oneyear bar contained in 2255 acts as an affirmative defense and not a jurisdictional bar (B) holding that coleman could use certain information to bring a new and separate suit even though that information was discovered subsequent to a violation of the courts protective order (C) holding that attorney abandonment constitutes an extraordinarycircumstance that allows a federal court to disregard the state procedural bar to hearing a habeas petition (D) holding that infirmities in state habeas proceedings do not constitute grounds for federal habeas relief (E) holding that the information discovered during the federal habeas proceedings constitutes newly discovered facts for pur poses of the b1ii exception to the pcras jurisdictional time bar

Answer: (E)

Question: and misunderstanding of the local rules involving summar he district court abused its discretion in denying their Rule 60(b)(3) motion for relief from judgment. See Hesling v. CSX Tramp., Inc., 396 F.3d 632, 638 (5th Cir.2005). The Sangis did not provide the district court with clear and convincing evidence that FCC engaged in fraud or other misconduct or that any misconduct prevented them from fully and fairly presenting their case. See Gov't Fin. Servs. v. Peyton Place, Inc., 62 F.3d 767, 772 (5th Cir.1995). Rather the Sangis offered only allegations of fraud and misconduct. Nor have the Sangis shown exceptional circumstances to merit relief under Rule 60(b)(6). See Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 393, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993) (<HOLDING>). IV. CONCLUSION For the foregoing reasons, the
Holding statements: (A) holding that the general rule that issues not raised in the lower court may not be addressed on appeal applies only to appellants (B) holding that privilege applies in similar factual circumstances (C) holding that when determining whether a delay in prosecution violates a defendants right to a speedy trial courts must consider the length of the delay the reason for the delay whether the defendant asserted his rights and the resulting prejudice to the defendant (D) holding that cjredibility determinations are questions of fact and should only be overturned in extraordinary circumstances (E) holding that rule 60b6 only applies in extraordinary circumstances suggesting that the party is faultless in the delay

Answer: (E)

Question: on one." Strickland, 466 U.S. at 697, 104 S.Ct. at 2069. Capshaw cannot establish that his attorney's performance was deficient for failing to object to the admission of cell phone records. His trial counsel would not have prevailed on such an objection under the governing law, and thus counsel's performance was not deficient for failing to object. It is undisputed that the government obtained a court order, under 18 U.S.C. 2703, requiring Sprint Nextel to produce the cell phone records of Capshaw and three other people to show calls between them during the period of the murder-for-hire plot. Obtaining those telephone rec ords through a 2703 court order did not violate the Fourth Amendment. See Smith v. Mainland, 442 U.S. 735, 743-44, 99 S.Ct. 2577, 2582, 61 L.Ed.2d 220 (1979) (<HOLDING>). Capshaw had no reasonable expectation of
Holding statements: (A) holding anticipatory warrant for search of defendants home was invalid because facts made known to magistrate did not establish at time warrant was issued the required nexus between the contraband to be seized which was mailed to defendants post office box and defendants home (B) holding that search warrant was constitutionally defective because it did not require notice (C) holding that an arrest warrant without a search warrant does not permit law enforcement authorities to enter a third partys home to legally search for the subject of the arrest warrant (D) holding that telephone company records of calls made from a defendants home did not require the government to seek a search warrant (E) holding that consent searches do not require probable cause to justify the search of a home

Answer:
(D)