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.

[Q]: basis in which defendants are considered. I question whether that concern for individuality exists under a system which not only admits expert testimony deduced without examining the subject but also, as in this case, accepts the possibility that jurors will allow that evidence, rather than factors more personal to a defendant's crime and character, to effectively condemn that individual to death. 1 . As the Court of Criminal Appeals admitted, "the State's case at [Flores'] punishment [hearing], to some extent, rested upon Dr. Griffith's testimony." Flores v. State, 871 S.W.2d 83, 77 L.Ed.2d 1090 (1983) (allowing the use of psychological testimony on a defendant's alleged "future dangerousness"); Penry v. Lynaugh, 492 U.S. 302, 492 U.S. 302, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989) (<HOLDING>); Franklin v. Lynaugh, 487 U.S. 164, 108 S.Ct.
Holding statements: (A) holding that the trier of fact must be allowed to consider and give effect to all relevant mitigating evidence (B) recognizing that texas courts have adopted the aamr definition of mental retardation providing that mental retardation must manifest before age of 18 years (C) holding that the sentencing structure allowed the jury to give mitigating effect to petitioners prison record (D) holding that the key under pewy i is that the jury be able to consider and give effect to a defendants mitigating evidence in imposing sentence (E) holding that the sentencing procedure was inadequate in failing to allow jury to give mitigating effect to defendants mental retardation and abusive background
[A]: (E)

[Q]: 199 F.3d at 248 n. 6. Moreover, when the plaintiff declares the sufficiency of his pleadings and makes no attempt to amend his complaint in response to the defendant's challenge pursuant to Rule 12(b)(6), dismissal is proper when the plaintiffs allegations fail to state a claim for which relief can be granted. See Spiller v. City of Texas City, 130 F.3d 162, 167 (5th Cir.1997). In addition, a plaintiff should not be granted leave to amend after being afforded repeated opportunities to do so. See Wilkins, 173 F.Supp.2d at 614; accord United States ex rel. Adrian v. Regents of the Univ. of Cal., 363 F.3d 398, 404 (5th Cir.2004) (noting that "pleading review is not a game where the plaintiff is permitted to file serial amendments until he finally gets it right"); Willard, 336 F.3d at 387 (<HOLDING>). Furthermore, "where a proposed amendment
Holding statements: (A) holding leave to amend was properly denied where the relator had previously filed two amended complaints (B) holding that dismissal with leave to amend should be granted even if no request to amend was made (C) holding district court properly denied leave to amend where application was four months late and appeared to be futile (D) holding the district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff who is represented by counsel never filed a motion to amend nor requested leave to amend before the district court (E) holding that the trial court properly refused to consider allegations in the disallowed amended complaints
[A]: (A)

[Q]: Right to Know Act); Annenberg v. Commonwealth, 562 Pa. 570, 757 A.2d 333 (1998) (appointing a special master to make findings of fact and conclusions of law regarding whether a taxing statute violated the Commerce Clause of the United States Constitution); Pa. State Ass'n of County Comm'rs v. Commonwealth, 545 Pa. 324, 681 A.2d 699 (1996) (appointing a special master to prepare recommendations to the Supreme Court regarding the implementation of the unified judicial system); Commonwealth v. Banks, 612 Pa. 56, 29 A.3d 1129 (2011) (appointing a trial court judge as a special master to make findings of fact and conclusions of law relating to a challenge to the competency of a defendant to be executed). See also In re City of Pittsburgh, 143 Pa.Cmwlth. 618, 600 A.2d 630, 632 (1991) (<HOLDING>). 4 . The grand jury presentment found
Holding statements: (A) holding that cjourts historically possess the inherent authority to appoint masters to assist them in performing their various functions (B) holding that the samaritan act does not immunize doctors from suit when they are performing their normal job functions (C) recognizing the qualified immunity from liability extended to a police officer in performing discretionary functions achieves this balance (D) holding that qualified immunity extends to government officials performing discretionary functions (E) holding that social workers are entitled to absolute immunity in performing quasiprosecutorial functions connected with the initiation and pursuit of child dependency proceedings
[A]:
(A)