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

[Q]: 2d 266, 35 (discussing the reasoning in Brunst as being that "unless these 'time immemorial' duties were constitutionally protected from interference by others, the constitutional provision securing the people the right to choose sheriffs would become meaningless"). It seems incongruous to us that the policy of keeping duties within the office of sheriff because he is elected and answerable to the electors is consistent with the holdings in WPPA II (and, more recently Brown County), where the court held that because the duty was characteristically the sheriffs, he can, as a result, contract with third parties for the carrying out of the duty. Yet, we are bound by WPPA II (and its interpretation of Brunst) and Brown County. See Cook v. Cook, 208 Wis. 2d 166, 190, 560 N.W.2d 246 (1997) (<HOLDING>). 29. For the reasons stated, we reverse the
Holding statements: (A) holding that one panel cannot overrule a prior panels published decision (B) holding that court of appeals may adopt such waiver rule (C) holding court of appeals erred in refusing to take judicial notice of published puc order (D) holding that the court need not follow a decision of the district of columbia court of appeals where it appears that the court of appeals itself would not follow that decision (E) holding that the court of appeals may not overrule modify or withdraw language from a previously published decision of the court of appeals
[A]: holding that one panel cannot overrule a prior panels published decision

[Q]: does not promise anything to the witnesses prior to their testimony." Shabazz, 336 F.3d at 165. Moreover, a witness's "general and hopeful expectation of leniency is not enough to create an agreement or an understanding that [he] would, in fact, receive leniency in exchange for [his] testimony." Id. at 163 (citation and internal quotation marks omitted). 9 . Respondent advises that Deyo's CPL 440.10 motion was denied following a hearing. R. Mem. at 28, n. 7. 10 . As respondent notes, Deyo's affidavit in support of his own 440.10 motion also was not part of the record on appeal in petitioner's direct appeal. R. Mem. at 32. 11 . Citation is to the pagination provided by CM/ECF. 12 . Miller-El, 537 U.S. at 336, 123 S.Ct. 1029; see Richardson v. Greene, 497 F.3d 212, 217 (2d Cir.2007)
Holding statements: (A) holding that either the district court or the court of appeals must issue a certificate of appealability on both the merits and the procedural bar before we can consider the merits of a claim that the district court held to be procedurally barred (B) holding when a district court denies a habeas claim on procedural grounds without reaching the underlying constitutional claim a coa may issue only when the petitioner shows that reasonable jurists would find it debatable whether 1 the claim is a valid assertion of the denial of a constitutional right and 2 the district courts procedural ruling was correct (C) holding that if the court denies a habeas petition on procedural grounds the certificate of appealability must show that jurists of reason would find debatable two issues 1 that the district court was correct in its procedural ruling and 2 that the applicant has established a valid constitutional violation emphasis in original (D) holding that when a district court dismisses a habeas petition on procedural grounds a petitioner is entitled to a coa only if he shows both that reasonable jurists would find it debatable whether he had stated a valid constitutional claim and debatable whether the district courts procedural ruling was correct (E) holding that when a district court dismisses a habeas petition on procedural grounds a petitioner is entitled to a coa only if he shows both that reasonable jurists would conclude it debatable whether he had stated a valid constitutional claim and debatable whether the district courts procedural ruling was correct
[A]:
holding that either the district court or the court of appeals must issue a certificate of appealability on both the merits and the procedural bar before we can consider the merits of a claim that the district court held to be procedurally barred