TASK DEFINITION: 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.
PROBLEM: until he received the order in March 2001. While in ordinary circumstances he likely would be faulted for not exercising due diligence to determine the disposition of his motions during the two year period contemplated by the rule, petitioner had no reason to make such an inquiry in this case because he believed that in accordance with the April 1999 order, he had been permitted to withdraw his motions to vacate sentence. Accordingly, we conclude that Snell has pled an adequate basis for avoiding the two year time limitation imposed by the rule. We further conclude that he otherwise timely sought relief to the extent his petition seeking belated appeal was filed within two years of his discovery of the existence of September 1998 order. Cf. Adams v. State, 543 So.2d 1244 (Fla.1989)(<HOLDING>). In response to our order to show cause why a
Holding statements: (A) holding that a rule 3850 motion based upon new facts or a significant change in the law must be filed within two years of the time such facts become known or such change is announced (B) holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody (C) holding that a subsequent petition may be filed upon a showing of a change in circumstances (D) holding that a change of venue has no affect on the applicable state law and that change of venue is but a change of courtrooms (E) holding that a change in the law of sentencing does not constitute a new factor

SOLUTION: (A)

PROBLEM: of a portion of their property to Greenheart constituted a transaction for a commercial purpose is supported by the evidence. The Browns owned 320 acres that they used for ranching and farming operations on which the Browns relied to derive income. The Browns also acquired water rights for a portion of their land which they leased out and eventually sold. The Brown Property had a portion that lacked water rights and it was this portion without any improvements that the Browns sold. Although the Brown Property did include their residence, the portion sold to Greenheart did not include the residence, and the existence of a residence on the property does not automatically disqualify a land conveyance from being a commercial transaction. See Watson, 144 Idaho at 219, 159 P.3d at 856 (<HOLDING>); Herrick v. Leuzinger, 127 Idaho 293, 306, 900
Holding statements: (A) holding where exempt organization was in possession of real property under land contract obligating organization to pay the purchase price and use land for exempt purpose the association was the owner of the land within the meaning of the statute (B) holding that a previous decision assuming a malpractice action was a commercial transaction for the purpose of awarding attorney fees was not binding because the court in that case was not asked to decide whether a malpractice action involving a commercial transaction falls within the parameters of the statute (C) holding chapter 13 plan funded by sale of property was not feasible where the debtor had not stated the time period or terms of the sale and no provision was made for failure to sell the property (D) holding sale of property was commercial transaction where the land was for both a family retreat and for logging (E) holding lease of property was a commercial transaction where the property was for commercial ranching but a residence was maintained on the property

SOLUTION: (D)

PROBLEM: and held that a failure to do so amounted to ineffectiveness of counsel warranting the grant of a new trial. A review of our case law prior to the Brooks decision, however, indicates that this Court had declined to evaluate ineffectiveness claims alleging the failure to prepare based solely on the existence or duration of counsel's pretrial face-to-face consultation with the defendant. See Harvey, 812 A.2d at 1196-97 (rejecting a claim that trial counsel was ineffective for consulting with defendant for only one hour prior to trial where defendant failed to allege any issues that counsel should have raised or any beneficial information that his counsel would have discovered had further pretrial consultations been held); Commonwealth v. Mason, 559 Pa. 500, 741 A.2d 708, 715-16 (1999) (<HOLDING>); Commonwealth v. Porter, 556 Pa. 301, 728 A.2d
Holding statements: (A) holding that counsels limited pretrial consultation with defendant did not render him ineffective because defendant did not identify issues that should have been raised and the defendants ability to convey pertinent information to counsel was impaired due to his severe intoxication at the time of the offense (B) holding that for an ineffective assistance of counsel claim to be established a defendant must show that but for counsels error the outcome of his proceedings would have been different (C) holding that defense counsels failure to present voluntary intoxication as a defense in a capitalmurder prosecution was not beyond the range of reasonable professional judgment and thus did not amount to ineffective assistance in view of inconsistency of intoxication defense with deliberateness of the defendants actions during the shootings (D) holding that the defendant did not show prejudice to support ineffective assistance of counsel because any evidentiary error was harmless (E) holding counsels strategic decision not to present a voluntary intoxication defense did not constitute ineffective assistance of counsel where counsel determined the murder was not committed while floyd was under the influence of cocaine

SOLUTION:
(A)