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:
issue, we need not consider the second argument raised. 7 . In a dissent to Smith, Judge Friedman, joined by Judges Pellegrini and Kelley, objected to following the Miller/Lewis/Selan line of cases which automatically equated the refusal to sign a hospital consent form with a refusal to submit to chemical testing. The dissenting judges expressed preference for the other line of caselaw, particularly Conrad, and noted that because Smith orally agreed to the blood test and only refused to sign the hospital consent form, which was a pre-test procedure linked to the test, although not required by section 1547, Smith did not make a knowing and conscious refusal to submit to chemical testing. 8 . Wheatley v. Commonwealth, Department of Transportation, 104 Pa.Cmwlth. 171, 521 A.2d 507 (1987) (<HOLDING>). 9 Although Renwick does not expressly
Holding statements: (A) holding refusal to sign hospital waiver of liability form is not a refusal under section 1547 (B) holding that refusal to consent to search cannot support a finding of reasonable suspicion (C) holding that refusal to submit to breathalyzer test did not result from custodial interrogation (D) holding that a refusal to sign an implied consent form is not a refusal to submit to a breathalyzer test for purposes of section 1547 (E) holding that a district court did not clearly err in crediting agents testimony that a defendant had orally consented despite his refusal to sign consent form
answer:
(D)

question:
character of a person in order to show that he acted in conformity therewith," though it may be admissible for other purposes. If a trial judge overrules a Rule 404(b) objection, finding the evidence of another crime or wrong admissible for one of these other purposes, the trial judge must also conduct a Rule 403 balancing test. This filtering analysis requires assessing whether the probative value of the evidence outweighs the danger of undue prejudice before evidence may be admitted. Watts v. State, 635 So.2d 1364, 1368 (Miss.1994). 56. Once again, Grindle did not object or in any way argue that the evidence of his subsequent arrest was being elicited in violation of Rule 404(b). So his Rule 404(b) argument is waived. See Ruben-stein v. State, 941 So.2d 735, 760 ( 87) (Miss.2006) (<HOLDING>). And by not objecting under Rule 404(b), his
Holding statements: (A) holding that plainerror review applies where the defendant fails to object to a constructive amendment (B) holding that to admit evidence of prior bad acts under rule 404b ala r evid the state must demonstrate that the evidence was reasonably necessary to its case (C) holding rule 16 does not apply to oral statements other than statements of the defendant (D) holding admission of prior bad acts of child abuse was reversible error when the defendant did not have exclusive control over the children during the period when the prior bad acts occurred (E) holding that failure to object to statements of prior bad acts barred argument on appeal that statements violated rules 404b and 403 without conducting any plainerror analysis
answer:
(E)

question:
Smith to provide a bare legal conclusion without explaining the criteria he used to reach that conclusion. Because we agree with the defendants that the district court erred by admitting this portion of Mr. Smith's testimony, we must determine whether this error requires reversal of the defendants' convictions. "In order for an error of this nature to be reversible, the error must affect substantial rights and must result in actual prejudice. Error which does not rise to the magnitude is harmless." Evans ex rel. A.E. v. Indep. Sch. Dist. No. 25, 936 F.2d 472, 476 (10th Cir.1991). "The question is not whether, omitting the inadmissible statements, the r r admission of evidence was prejudicial where the erroneously admitted evidence was "extremely compelling"); Specht, 853 F.2d at 808-09 (<HOLDING>); United States v. Sanders, 928 F.2d 940, 942
Holding statements: (A) holding that defense counsels failure to object to testimony did not warrant a new trial because there was no prejudice from admission of the testimony (B) holding that improper admission of expert testimony was harmless in light of otherwise overwhelming evidence and fact that testimony covering substantially the same area was introduced without challenge (C) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (D) holding that erroneous admission of improper and prejudicial evidence did not require reversal because the jury would have returned a verdict of guilty against the defendant even without the prejudicial testimony (E) holding that admission of hearsay testimony was harmless where the jury heard admissible testimony from three other sources to the same effect
answer:
(C)