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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: for the district court to grant his motion to withdraw his plea. But Harvey has not challenged the district court's ultimate finding that he was competent to stand trial based on the court's consideration of the opinions of all three psychiatrists. In light of the district court's unchallenged and supported determination that Harvey was competent to stand trial (and therefore competent to plead), Harvey cannot argue that the court committed obvious error in failing to sua sponte permit him to withdraw his plea on the basis of his "marginal competence." Nor can he claim that counsel was ineffective for failing to argue Harvey's marginal competency as a reason for withdrawing the plea. Harvey's claims related to his competency therefore fail. { 18 We affirm. 1 . The court stat Cir.2008) (<HOLDING>); United States v. Pease, 240 F.3d 938, 940-42
Holding statements: (A) holding defendant cannot waive claims of an illegal sentence a sentence violating terms of plea agreement an unknowing and involuntary plea and ineffective assistance of counsel (B) holding an attorneys mistaken prediction about a possible sentence does not render a defendants plea unknowing and involuntary (C) holding that a defense attorneys failure to uncover a defendants prior felony convictions and the attorneys inaccurate sentencing prediction did not render the defendants plea unknowing and involuntary because the defendant knew at the time he pleaded guilty what his sentence might be (D) holding that ineffective assistance can render a guilty plea involuntary (E) holding that an inaccurate sentencing estimate did not render a plea unknowing unintelligent or involuntary because the defendant was informed of the statutory maximum
[A]: holding defendant cannot waive claims of an illegal sentence a sentence violating terms of plea agreement an unknowing and involuntary plea and ineffective assistance of counsel

[Q]: the evidence of rape discussed above in Division 1, we conclude that the evidence at Martin's trial was sufficient to support the statutory aggravating circumstances found as to both murders. See OCGA 17-10-35 (c) (2) (requiring a review of the statutory aggravating circumstances foundby the jury);UAP Rule IV (B) (2) (providing that, in all death penalty cases, this Court will determine whether the verdicts are supported by the evidence). See also Ring, 536 U. S. 584; Jackson, 443 U. S. 307. 20. Considering both the murders for which Martin has been sentenced to death and Martin as a defendant, we find that the death sentences imposed in his case were not disproportionate punishment within the meaning of Georgia law. See OCGA 17-10-35 (c) (3); Gissendaner, 272 Ga. at 716-717 (<HOLDING>). The cases cited in the Appendix support this
Holding statements: (A) holding that this courts statutorily mandated proportionality review concerns whether a particular death sentence is excessive per se or is substantially out of line (B) holding that the failure to hold a faretta hearing is per se reversible error and reversing the defendants conviction vacating his death sentence and remanding for a new trial (C) holding that per se statutory rule is not permissible under fourth amendment (D) holding such agreements to be per se illegal (E) holding that denial of access per se is noncompensable
[A]: holding that the failure to hold a faretta hearing is per se reversible error and reversing the defendants conviction vacating his death sentence and remanding for a new trial

[Q]: 2012 WL 4344571, *3 (S.D.Fla. Sept. 21, 2012) (Moore, J.); see also Mount Vernon Fire Ins. Co., 645 N.Y.S.2d 433, 668 N.E.2d at 406 (equating "arising out of' and "based on" for purposes of insurance policy interpretation). Thus, the conversion claims, and any liability incurred as a result, plainly arose out of the TCPA-violating fax advertisements in this case. See Policy at 44. As such, the conversion claims are excluded from coverage by the TCPA Exclusion, and Plaintiff therefore owes no duty to indemnify Med Waste for them. Furthermore, the Policy states that "[w]here there is no coverage under this policy, there is no duty to defend." Id. at 25; see also Mt. Hawley Ins. Co. v. Dania Dist. Centre, 763 F.Supp.2d 1359, 1366 (S.D.Fla.2011) aff'd, 513 Fed.Appx. 890 (11th Cir.2013) (<HOLDING>). Having found that both the TCPA claims and
Holding statements: (A) holding that duty to defend ends when it is apparent there is no potential for coverage (B) holding that there is a duty to defend if any of the complaints allegations fall within the risk covered by the policy (C) holding where there is no duty to defend there is no duty to indemnify (D) holding that where claims are cast wholly within policy exclusion there is no duty to defend (E) holding exclusion did not absolve insurer of duty to defend because no factual or legal basis currently exists for applying the exclusion
[A]:
holding that duty to defend ends when it is apparent there is no potential for coverage