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]: intermediate Court of Appeals opinions. Over 30 years ago, in Crouch v. Crouch, 53 Tenn.App. 594, 385 S.W.2d 288 (1964), our intermediate Court of Appeals considered the question and determined that such provisions promote divorce and are violative of public policy. The Court of Appeals predicted that such provisions "could induce a mercenary husband to inflict on his wife any wrong he might desire with the knowledge his pecuniary liability would be limited." Id. 385 S.W.2d at 293. See also Duncan v. Duncan, 652 S.W.2d 913 (Tenn.App.1983) ("We are of the opinion ... that a provision in an antenuptial agreement which purports to limit a spouse's liability for alimony is conducive to divorce and therefore, void."). But see Gross v. Gross, No. 0257, 1989 WL 51535 (Tenn.App. May 17, 1989) (<HOLDING>). At the time of its adoption in Crouch, the
Holding statements: (A) holding that such provisions are valid (B) holding such a provision waiving alimony valid (C) holding that provision in 1983 constitution waiving sovereign immunity to the extent of insurance applies to municipalities (D) holding that because miranda warnings make defendant aware of right to counsel and of consequences of waiving sixth amendment rights defendants waiver of right to counsel after receiving such warnings is valid (E) holding invalid a premarital agreement waiving temporary alimony if marriage did not last seven years
[A]: holding that such provisions are valid

[Q]: aff'd, 683 So.2d 1042 (Ala.1996), cert. denied, 520 U.S. 1171, 117 S.Ct. 1438, 137 L.Ed.2d 545 (1997), quoting Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990). In Brooks v. State, 695 So.2d 176 (Ala.Cr.App.1996), aff'd, 695 So.2d 184 (Ala.), cert. denied, 522 U.S. 893, 118 S.Ct. 233, 139 L.Ed.2d 164 (1997), this Court stated: "[A] prosecutor has the right to indicate to the jury those parts of the evidence or testimony presented by the State that the defense has failed to contradict; that process is not an infringement of the defendant's Fifth Amendment privilege against self-incrimination. Duncan v. Stynchcombe, 704 F.2d 1213, 1215-16 (11th Cir.1983); Ex parte McWilliams, 640 So.2d 1015 (Ala.1993); Griffin v. State, 393 So.2d 523, 528 (Ala.Cr.App.1981)." 695 So.2d at 180 (<HOLDING>). " ' "A prosecutor's statement that the
Holding statements: (A) holding that it was permissible for prosecutor to comment on the general failure of the defense to produce any evidence (B) recognizing the right of a defendant to comment upon the failure of the state to produce evidence (C) holding that comment by prosecutor in closing argument that defense counsel did not produce evidence of the defendants innocence was not a comment on the defendants failure to testify (D) holding the prosecutors statements were not an inappropriate comment on the defendants failure to testify but rather a comment on the defendants failure to present convincing evidence to support his defense (E) holding a prosecutor may not comment on a defendants silence
[A]: holding that it was permissible for prosecutor to comment on the general failure of the defense to produce any evidence

[Q]: our state Supreme Court to determine "[w]hether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant"); cf. Markman v. Westview Instruments, Inc., 517 U.S. 370, 377, 381-82, 116 S. Ct. 1384, 134 L. Ed. 2d 577 (1996) (in determining whether it is proper for a jury to " 'shoulder [the] responsibility [of construction of a written instrument] ... to preserve the substance of the [Seventh Amendment] common-law right of trial by jury,' " noting that judges not juries, ordinarily construe written documents (emphasis omitted) (quoting Tull v. United States, 481 U.S. 412, 426, 107 S. Ct. 1831, 95 L. Ed. 2d 365 (1987)); Jackson v. Denno, 378 U.S. 368, 385-86, 84 S. Ct. 1774, 12 L. Ed. 2d 908 (1964) (<HOLDING>). Some have argued that Blakely prohibits the
Holding statements: (A) holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment (B) holding the due process clause of the fourteenth amendment extends the right to jury trial to defendants in serious criminal cases in state courts (C) holding that states procedure providing for jury evaluation of voluntariness of a defendants confession violates fourteenth amendment due process (D) holding that continued incarceration after the lawful basis for custody expires violates due process under the fourteenth amendment (E) holding that an attempt by a prosecuting attorney to serve two masters violates the due process clause of the fourteenth amendment
[A]:
holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment