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.

Q: reasonable presumption against waiver should be indulged. Commonwealth v. Hooks, 375 Mass. 284, 288 (1978). A defendant's illiteracy or low intelligence is not dispositive of his capacity to waive Miranda rights and render a knowing, intelligent, and voluntary confession. See Commonwealth v. Ostrander, 441 Mass. 344, 346, cert. denied, 543 U.S. 867 (2004); Commonwealth v. Jackson, 432 Mass. 82, 86-87 (2000) (concluding that the defendant, who had a learning disability and an IQ in the eighties, validly waived his rights in light of his "considerable prior experience with the police and in receiving Miranda warnings," as well as his "cunning" attempts to exculpate himself "after being confronted with the [ ] evidence against him"); Commonwealth v. Hartford, 425 Mass. 378, 380-81 (1997) (<HOLDING>); Commonwealth v. Dingle, 73 Mass.App.Ct. 274,
Holding statements: (A) holding that a 15yearold was of suitable intelligence and maturity to validly waive miranda rights specifically focusing on the fact that the juvenile had been advised of his rights on three prior occasions and had once asked for an attorney (B) recognizing that plaintiffs had standing to allege infringements of their first amendment rights where the record established that they had been threatened with enforcement of the statute and that such enforcement would cause them injury (C) holding that language difficulties may impair the ability of a person in custody to waive his miranda rights in a free and aware manner (D) holding admissible suspects statement to police after being informed that he had been identified in a lineup which the court assumed without deciding was interrogation for purposes of the appeal because the statements were voluntarily made without any coercion and came after the suspect was given and validly waived his miranda rights (E) holding that irrespective of the suspects limited reasoning ability and iq of 73 evidence that the suspect had held various parttime jobs had been living on his own possessed a drivers license and had prior experience with law enforcement was probative of competence to waive miranda rights

A: holding that a 15yearold was of suitable intelligence and maturity to validly waive miranda rights specifically focusing on the fact that the juvenile had been advised of his rights on three prior occasions and had once asked for an attorney
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Q: felt compelled, at the very least, to guess why the prosecutor behaved as he did. But the Batson framework was designed to avoid such "needless and imperfect speculation," by asking prosecutors to perform the "simple" task of placing race-neutral reasons for peremptory strikes on the record. Johnson, 545 U.S. at 172, 125 S.Ct. 2410. As a result, this Court must conclude that the Appellate Division applied Batson and its progeny in an unreasonable manner. The Court appreciates the gravity of this holding, particularly in light of the Supreme Court's admonition that AEDPA creates a "highly deferential standard for evaluating state-court rulings." Cullen, 563 U.S. at 181, 131 S.Ct. 1388. Even in the Batson context, however, AEDPA deference has its limits. See, e.g., Jones, 555 F.3d at 101 (<HOLDING>). Enforcing those limits is the only way to
Holding statements: (A) holding that new york courts unreasonably applied batson (B) holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york (C) holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership (D) holding that outofstate defendants transmittal into new york of ceaseanddesist letter to new york plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a new york declaratory judgment action (E) holding that new york law applies to this matter

A: holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york
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Q: District explained in a unanimous en banc opinion: [T]he more prudent approach is to allow trial judges, in their discretion, to qualify psychologists and neuropsychologists to testify on causation as any other expert would be qualified to testify in his or her area of expertise. A psychologist's or neuropsychologist's competency to give an opinion will be subject only to the limitations imposed by 90.702, Florida Statutes. Broward County Sch. Bd. v. Cruz, 761 So.2d 388, 395 (Fla. 4th DCA 2000), approved, 800 So.2d 213 (Fla.2001). I agree with Cruz and would adopt this approach. As noted by Cruz, the majority of courts in this country have rejected the bright-line rule used in DeSerio. See, e.g., Huntoon v. T.C.I. Cablevision of Colorado, Inc., 969 P.2d 681, 689 (Colo.1998) (en banc) (<HOLDING>); Hutchison v. Am. Family Mut. Ins. Co., 514
Holding statements: (A) holding that constructive amendments which are per se reversible under harmless error analysis are also per se reversible under plain error analysis (B) holding a juveniles request to speak to a probation officer is not a per se invocation of fifth amendment rights (C) holding that violation of state law was not a per se constitutional violation (D) holding such agreements to be per se illegal (E) holding that neuropsychologists are not per se unqualified to speak on the causation of organic brain injury

A:
holding that constructive amendments which are per se reversible under harmless error analysis are also per se reversible under plain error analysis
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