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:
the question of competency of counsel. Balanced against this is the possibility, in most instances quite l'emote, that an experienced member of the public defender's staff might labor under a conflict of interest because another member of the staff was so burdened. People v. Robinson, 79 Ill.2d 147, 37 Ill.Dec. 267, 402 N.E.2d 157, 162 (1979). These two considerations outweigh any possible chilling effect on attorney client relationships at OPD. See also, Bolin v. State, 137 P.3d 136, 145 (Wyo.2006) (stating that, although conflicts involving associates at a private firm are imputed to entire firm, public defenders office "warrants slightly different treatment[,]" and adopting a ease by case analysis); cf. People v. Daniels, 52 Cal.3d 815, 277 Cal.Rptr. 122, 802 P.2d 906, 915 (1990) (<HOLDING>); People v. Banks, 121 Ill.2d 36, 117 Ill.Dec.
Holding statements: (A) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public (B) holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice (C) holding designated counsel acting on behalf of the office of public defender in law guardian program to be public employees for purpose of the new jersey tort claims act njsa 5911 to 123 and therefore entitled to indemnification by the state (D) holding that public defender did not face conflict requiring withdrawal when bringing collateral attack of a defendants conviction public defender was required to attack competence of previous public defender and stating that automatic disqualification would hamper the ability of public defenders offices to represent indigents in criminal cases (E) holding a federal public defender is not a federal officer for purposes of a bivenstype action
answer:
(D)

question:
by a party under this section which is not accepted and the party recovers a judgment which is greater than or equal to the amount specified in the offer of settlement, the party is entitled to interest at the annual rate of 12% on the amount recovered from the date of the offer of settlement until the amount is paid. Interest under this section is in lieu of interest computed under ss. 814.04 (4) and 815.05 (8). 2 The parties do not attempt to draw a distinction between a reasonable degree of professional certainty on the one hand, and a reasonable degree of professional probability on the other Casimere v. Herman, 28 Wis. 2d 437, 445-446, 137 N.W.2d 73, 77 (1965), uses the phrases as apparent synonyms. See also Hennekens v. Hoerl, 160 Wis. 2d 144, 166, 465 N.W.2d 812, 821 (1991)
Holding statements: (A) recognizing that the phrases can be used interchangeably (B) holding that statements taken in violation of massiah can be used for impeachment purposes (C) holding floor can be used as deadly weapon (D) holding that rule 35a can be used to challenge sentences that are not authorized by the judgment of conviction (E) recognizing that there can be compelling circumstances in which a trial court can determine that neither party prevailed in a contract case
answer:
(A)

question:
property and that he has "clean hands" with respect to that property. Id. The First Circuit has held that "a Rule 41(g) motion is properly denied if the defendant is not entitled to lawful possession of the seized property, the property is contraband or subject to forfeiture, or the government's need for the property as evidence continues." United States v. Pierre, 484 F.3d 75, 87 (1st Cir.2007) (quotation omitted). If the government wishes to retain the property, it must have and state a legitimate reason for doing so. United States v. Potes Ramirez, 260 F.3d 1310, 1314 (11th Cir.2001). The government is not obligated to return property that it no longer possesses, but it must provide some evidentiary support for its claim that it no longer has possession of the property. See id. (<HOLDING>). In this case, Garcon's opening brief does not
Holding statements: (A) holding where 1 the government provided the defendant with all the necessary drugmaking materials 2 the government provided instructions on how to make the drugs and 3 the defendant sought out the materials and help from the undercover government agents the case set the outer limits to which the government may go in the quest to ferret out and prosecute crimes but the governments conduct did not rise to the level of a due process violation (B) holding that the district court did not err in instructing the jury not to draw any adverse inferences from the governments failure to call a witness because the witness did not have a relationship with the government such that one would expect him to give testimony in favor of the government (C) holding that even if the district court had erred by not allowing the plaintiff leave to file a reply brief any error was harmless because it did not prejudice the plaintiffs rights (D) holding that the district court erred when it relied on the governments representation that the property sought by the defendant had been destroyed because the government did not submit any evidence of the propertys destruction (E) holding that the district court erred when it relied on neuschafer for the proposition that dismissal of mixed habeas petitions is not the rule in the ninth circuit
answer:
(D)