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.

Input: Consider Input: 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

Output: 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

Input: Consider Input: United States v. Griffith, 17 F.3d 865, 880 (6th Cir.1994). B. Sufficiency of the evidence K. Kennedy and Scarborough moved for judgments of acquittal at the close of the government's proof, arguing that the evidence presented was insufficient to sustain their convictions. See Fed. R.Crim.P. 29(a). The district court considered and denied the motions, and neither defendant renewed his or her respective motion at the close of all the evidence, see Swidan, 888 F.2d at 1080, or within 14 days after their guilty verdicts,' see Fed. R.Crim.P. 29(c)(1). They have thus failed to preserve their rights to challenge the sufficiency of the evidence in the absence of a miscarriage of justice. See Swidan, 888 F.2d at 1080; see also United States v. Faymore, 736 F.2d 328, 334 (6th Cir.1984) '(<HOLDING>).' Both K. Kennedy and Scarborough conceded at
Holding statements: (A) holding that failure to consider an improper jury instruction would constitute a miscarriage of justice (B) holding that the defendants insufficientevidence claim was barred by his failure to renew his rule 29 motion at the close of all the evidence because there was no manifest miscarriage of justice (C) holding that even when a defendant moves under rule 50 at the close of plaintiffs evidence and autocentro did not even do that if a defendant wishes to renew a motion for judgment as a matter of law at the posttrial stage with a view to having denial of that motion considered by the court of appeals the defendant is required to have moved for judgment as a matter of law at the close of all the evidence (D) holding that defendants failure to renew their motion for judgment as a matter of law which was denied by the district court when they made it at the close of the evidence limited the relief the appellate court could grant to a new trial (E) holding that argument was not preserved where defendant did not file a pretrial motion to suppress and did not object or make a motion to exclude the evidence until his motion to dismiss at the close of all of the evidence

Output: holding that failure to consider an improper jury instruction would constitute a miscarriage of justice

Input: Consider Input: the payment of professional fees from a bankruptcy estate, regardless of whether an objection has been filed. See In re Metro Transportation Co., 78 B.R. 416, 420 (Bankr.E.D.Pa.1987); In re Pettibone Corp., 74 B.R. 293 (Bankr.N.D.Ill.1987). 5. "In determining whether a particular expense is chargeable to the debtor's estate, the court must distinguish between 'overhead' expenses, which are not reimbursable, and 'out-of-pocket' expenses, which are. In re Thacker, 48 B.R. 161, 164 (Bankr.N.D.Ill.1985). Overhead expenses are those day-to-day operating costs which are incurred regardless of whom the law firm represents.- Id. ... Out of pocket expenses are those expenses which can clearly be traced to a particular client...." In re Island Helicopter Corp., 53 B.R. 71 (Bankr.E.D.N.Y.1985) (<HOLDING>). Counsel's justification for charging the
Holding statements: (A) holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel (B) holding that taxi cab did not park for an appreciable length of time when it merely stopped to let out passengers (C) holding that the speedy trial clock for state charges did not begin to run when the defendant was taken into custody by federal authorities on federal charges but rather when he was indicted for the state charges (D) holding that although plaintiff was liable for medical services rendered he was not bound by the amount of the charges listed in the admission contract as he was entitled to question the reasonableness of the charges (E) holding that out of pocket expenses reimbursable to creditors committee counsel include photocopy charges but not costs of meals secretarial overtime and cab fare where the necessity for them was not established
Output: holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel