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. 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.
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the direction that McDowell testified the assailant fled. Other evidence also confirmed that Hayward's blood was found in the victim's pockets and on the car. The discrepancies in McDowell's testimony did not prove that he failed to observe or could not recall the most important points about which he testified. Hayward is correct that the trial court relied on McDowell's testimony that Des-tefano said "I don't have no more" in finding that the murder occurred during a robbery for pecuniary gain. However, that aspect of McDowell's testimony never wavered. Although McDowell was older, in poor health, and possibly confused about some aspects of the event he witnessed, that does not provide a basis to disqualify him. See, e.g., Belcher v. Johnson, 834 So.2d 422, 422-23 (Fla. 2d DCA 2003) (<HOLDING>). Even insanity of a witness has been found to
Holding statements: (A) holding that an elderly woman with dementia is not disqualified as a witness simply for those reasons (B) holding that an order was final for these identical reasons (C) holding that a forensic accountant is an expert witness not a lay witness (D) holding that juror was not automatically disqualified under beckett because of the jurors friendship with a law enforcement officer who was a key witness for the stale (E) holding outofcourt statements relating to reasons for investigation are not admissible where the reasons for the investigation are not at issue
answer:
holding that an order was final for these identical reasons

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Joseph F. Nascimento and his minor daughter Kendall E. Nascimento appeal pro se the district court's dismissal, pursuant to Fed.R.Civ.P. 12(b)(6), of their civil rights action seeking reversal of a Montana state court decision regarding the custody of Kendall Nascimento. We have jurisdiction pursuant to 28 U.S.C. 1291. We review de novo the district court's dismissal and affirm. See H.C. v. Koppel, 203 F.3d 610, 613 (9th Cir.2000) (<HOLDING>); see also Branson v. Nott, 62 F.3d 287, 291
Holding statements: (A) holding that a court should abstain when an exercise of jurisdiction might lead to a parallel federal regulatory review mechanism complicating state administration (B) holding that federal district courts should abstain from interfering with pending state court proceedings (C) holding that courts should only abstain under younger if the state proceedings are coercive and not remedial and citing a number of district court opinions (D) recognizing that the longstanding public policy against federal court interference with state court proceedings generally requires federal courts to abstain from involvement in state criminal proceedings (E) holding that federal courts should apply state substantive law
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holding that a court should abstain when an exercise of jurisdiction might lead to a parallel federal regulatory review mechanism complicating state administration

question:
involved in the incident, which was for his own lustful gratification. Moreover, while "the definition of sexual penetration announced in Mississippi Code Annotated section 97-3-97 encompasses any penetration, the Court holds the parameters of the definition of sexual penetration are logically confined to activities which are the product of sexual behavior or libidinal gratification." Frei v. State, 934 So.2d 318, 325( 18) (Miss.Ct.App.2006)(quoting Roberson v. State, 501 So.2d 398, 400 (Miss.1987)). 11. This Court and the Mississippi Supreme Court have interpreted Mississippi Code Annotated section 97-3-97 (Rev.2006) to include common sense applications where the accused attempts to engage in semantics regarding the literal reading of the statute. See Frei, 934 So.2d at 325( 18) (<HOLDING>); see also Hennington v. State, 702 So.2d 403,
Holding statements: (A) holding that medical report was not material for brady purposes where report at best showed lack of vaginal penetration of sexual abuse victim penetration was not necessary for conviction of sexual abuse of a minor under iowa law (B) holding that a jury instruction listing additional modes of sexual penetration than those listed in the information did not impermissibly amend the charge of sexual assault becausein part the added modes of sexual penetration did not change the applicable statute sentence or level of offense (C) holding that the clergy sexual conduct statute requires general intent and does not impose strict liability because the act of sexual penetration must be intentional (D) holding that penetration of anus and penetration of sexual organ although found in same subsection of section 22021a1b are separate offenses (E) holding that mississippi code annotated section 97395 was not overbroad despite the fact that innocent penetrations can occur during the course of parental activities or clinical duties and the meaning of sexual penetration is legitimately confined to those activities which are done for sexual gratification
answer:
holding that medical report was not material for brady purposes where report at best showed lack of vaginal penetration of sexual abuse victim penetration was not necessary for conviction of sexual abuse of a minor under iowa law