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.

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
(D)

terms, "pending" refers to the status of an action before a final decision on the merits. Beetham v. Georgia-Pacific, 87 Or App 592, 743 P2d 755 (1987); see also Webster's Third New Int'l Dictionary, 1669 (unabridged ed 1993) (pending means "not yet decided"). Although that meaning is useful in determining whether an action remains pending, it does not fully resolve the problem before us, which is to determine when an action becomes pending. The solution to that problem, however, is readily apparent from relevant contextual sources. ORCP 3 provides that an action is commenced by the filing of a complaint rather than by service of summons. An action becomes pending when it is commenced. See Fremont Indemnity Co. v. Corbett, 66 Or App 668, 672, 675 P2d 1097, rev den 297 Or 340 (1984) (<HOLDING>). Therefore, after a complaint is filed, an
Holding statements: (A) holding that a complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens (B) holding that the relevant time of inquiry is the date of the filing of the complaint (C) holding that under orcp 3 lis pendens attaches upon the filing of a complaint because the action is pending (D) holding that action of filing a complaint and notice of lis pendens based on a contract without simultaneously requesting a stay and an order compelling arbitration waives that partys contractual right to arbitrate (E) holding that filing of an administrative complaint did not meet the requirement that the employee seek counseling prior to filing
(C)

to the registrations of any party to the action. Decrees and orders shall be certified by the court to the Commissioner, who shall make appropriate entry upon the records of the Patent and Trademark Office, and shall be controlled thereby. 15 U.S.C. 1119. 27. The legal issue in a cancellation proceeding is the right to register a mark and when a mark is not incontestable, a court may cancel the mark on any ground which would have prevented registration initially. International Order of Job's Daughters, 727 F.2d at 1091. 28. As noted, a mark "which does not fulfill the functions of a trademark, but, rather, serves essentially a utilitarian or functional purpose cannot be registered as a trademark." Id.; see Goodyear Tire & Rubber Co. v. Robertson, 25 F.2d 833, 834-35 (4th Cir.1928) (<HOLDING>). 29. Because Shakespeare's mark is a
Holding statements: (A) holding that automobile racing is not an ultrahazardous activity (B) holding that diamondshaped tread on tire which is a mechanically functional feature of an automobile tire cannot be registered (C) holding when a policeman has made a lawful custodial arrest of the occupant of an automobile he may as a contemporaneous incident of that arrest search the passenger compartment of that automobile (D) holding that owners and officers of automobile dealership who were neither consumers nor competitors in automobile market lacked standing to bring antitrust action against automobile manufacturer (E) holding that except in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered stopping an automobile and detaining the driver in order to check his drivers license and the registration of the automobile are unreasonable under the fourth amendment
(B)