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.

Input: Consider Input: interest" at issue here because "[pjursuant to the Treaty of 1866 and the Thirteenth Amendment, the Cherokee Nation has no authority to treat its Freedmen citizens as anything less than full equals." Freedmen's Opp'n to Crittenden's Mot. Dismiss [Dkt. # 123] at 14. By raising this argument to eviscerate the Nation's claim of prejudice, the Freedmen are asking the Court to reach the merits of their claims against the Nation. This the Court cannot do. Indeed, the Tenth Circuit has squarely rejected a similar argum pelling claim of sovereign immunity" and finds that the Nation's interests would be prejudiced if the case were to proceed in its absence. Republic of Philippines, 553 U.S. at 869, 128 S.Ct. 2180; see also Citizen Potawatomi Nation v. Norton, 248 F.3d 993, 1001 (10th Cir.2001) (<HOLDING>) (quoting Davis, 192 F.3d at 960) (internal
Holding statements: (A) recognizing that tribal sovereign immunity extends to agencies and subdivisions of the tribe (B) recognizing a strong presumption favoring arbitrability (C) holding that there is a strong policy favoring dismissal for nonjoinder due to tribal sovereign immunity but that rule 19b factors must still be considered (D) holding that state did not have jurisdiction over tribe where tribe paid into workers compensation program but had not waived sovereign immunity (E) recognizing the strong policy favoring dismissal when a court cannot join a tribe because of sovereign immunity

Output: (E)

Input: Consider Input: having been a member of this court at the time of the argument and submission, took no part in the consideration or decision of this case. 1 . We do not reach the question of whether it was proper for a Minnesota peace officer to go outside Minnesota's borders and attempt to compel a blood sample under Minnesota law. In this case, the sample was obtained using Wisconsin's procedure inside Wisconsin's borders and our holding is limited to these facts. 2 . Both parties make arguments regarding Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966), and State v. Oevering, 268 N.W.2d 68 (Minn.1978). These cases, due to the natural exigency involved in obtaining blood-alcohol evidence, recognize the power of a peace officer to compel a blood sample from a dri Tex. 1995) (<HOLDING>); Consolidation Coal Co. v. Bucyrus-Erie Co.,
Holding statements: (A) holding that a party waives the attorneyclient privilege when it voluntarily consents to the disclosure of any significant part of the communication in issue (B) holding that the michigan usury act mcla 43831 a statute setting forth the legal interest rate in michigan is preempted according to the explicit terms of hola (C) holding that the law of michigan rather than the forum applied to manufacturers claim of attorneyclient privilege in a products liability suit because the communication took place in michigan and therefore michigan had most significant relationship to communication (D) holding that litigating franchise dispute in michigan does not require that michigan law govern dispute as michigan franchise investment law does not expressly void choice of law provisions in franchise agreement (E) holding michigan friend of the court employees absolutely immune from suit under 1983

Output: (C)

Input: Consider Input: that the proportionality review in this case would not save the death penalty because reliance upon the allegedly unconstitutional aggravating circumstances was not cured on appeal. 4 . The Oklahoma Court of Criminal Appeals affirmed Cartwright's sentence on January 7, 1985. Cartwright v. State, 695 P.2d at 548. Later that year Oklahoma modified its capital punishment statute to allow for resentencing in the event that a death penalty is set aside on appeal. Okla.Stat.Ann. tit. 21, 701.13(E)(2) (West Supp.1986). The Oklahoma court has held that this provision is not to be applied retroactively. Green v. State, 713 P.2d 1032, 1041 n. 4 (Okla.Crim.App.1985), cert. denied, U.S. -, 107 S.Ct. 241, 93 L.Ed.2d 165 (1986). But see Brewer v. State, 718 P.2d 354, 365-66 (Okla.Crim.App.), (<HOLDING>), cert. denied, U.S. -, 107 S.Ct. 245, 93
Holding statements: (A) holding that kotecki limit applied retroactively (B) holding that the statute is mandatory (C) holding that a provision in the 1985 amend ments eliminating mandatory proportionality review is to be applied retroactively (D) holding the batson rule was not to be applied retroactively to a state conviction on federal habeas review (E) holding that aedpa is not applied retroactively to pending habeas petitions
Output: (C)