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.

Q: showing he was denied a constitutional right. Because Weaver's application for a COA raises several claims, it is impossible to glean from the present record which issue(s) the district court thought worthy of appeal. Cf. Murray, 145 F.3d at 1250-51 (determining that while court of appeals could not decide issue not specified in COA, it could "construe the issue specification in light of the pleadings and other parts of the record"). Therefore we must remand the record for the district court to specify the issue or issues for appeal. See Muniz v. Johnson, 114 F.3d 43, 46 (5th Cir.1997); Lyons v. Ohio Adult Parole Auth., 105 F.3d 1063, 1076 (6th Cir.1997); Hunter v. United States, 101 F.3d 1565, 1584 (11th Cir.1996); but cf. Tiedeman v. Benson, 122 F.3d 518, 522 (8th Cir.1997) (<HOLDING>). It is so
Holding statements: (A) holding remand for specification of issues unnecessary where clear from briefing appellant had not made substantial showing he was denied any constitutional right (B) holding right to testify was federal constitutional right (C) holding that appellant had waived any objection to an instruction that he had himself introduced and which was amended by the state without objection from appellant (D) holding that application of section 9711h as amended did not deprive appellant of any constitutional right (E) holding that where appellant acknowledged timely receiving notice by regular mail appellant appeared and fully participated at the trial and appellant made no claim that he was harmed in any way appellee had fulfilled the primary purposes of texrcivp 21a

A: (A)
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Q: Cote's bias, Hayat alleges, first, that Cote made "several inappropriate racial and religious comments during deliberations." Hayat presented evidence from Jurors L. and B., as well as from Juror H. via an affidavit by Ha-yat's private investigator, that Cote made a "racial" comment during deliberations. B. declared that "[d]uring the deliberation process, ... Cote[ ] made the statement they all looked the same when wearing a costume or when put in a costume. I believe Mr. Cote made this statement in connection with a discussion of witness Naseem Khan's claim that he had seen Ayman al-Zawahiri in Lodi." Similarly, L. stated that "[djuring deliberations Mr. Cote made racial slurs. As an example, on one occasion ... he said in front of the entire group that they a 236-39 (10th Cir.2008) (<HOLDING>). Where, however, "a juror has been asked
Holding statements: (A) holding rule 16a1a does not include statements made by coconspirators even if those statements can be attributed to the defendant for purposes of the rule against hearsay (B) holding that rule 606b contains no exception for racially biased statements made during jury deliberations and expressing skepticism about whether constitutional concerns can ever override the rule (C) holding that federal rule of evidence 8034 the hearsay exception for statements made for medical diagnosis or treatment does not apply to statements made by doctors (D) recognizing rule (E) holding that the arkansas counterpart to cre 606b applies whether a verdict is reached or a mistrial declared and under the extraneous information exception allows jurors to testify about statements made during deliberations

A: (B)
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Q: relevant and useful information in the field of human toxicology. Likewise, in vitro tests provide useful information about metabolic processes at a cellular level, and may supplement existing animal and human data."); Caraker v. Sandoz Pharms. Corp., 172 F.Supp.2d 1046, 1050 (S.D.Ill.2001) ("[A]n overwhelming amount of case reports of a temporal proximity between a very specific drug and a very specific adverse event might ... be enough to make a general causation conclusion sufficiently reliable."); see also, Reference Manual on Scientific Evidence, 475 (Fed. Judicial Ctr. Ed., 2d ed. 2002) ("[case reports] may be carefully considered in light of other information available, including toxicological data."). 6 . See Hardyman v. Norfolk & W. Ry. Co., 243 F.3d 255, 261-67 (6th Cir.2001) (<HOLDING>); Milward v. Acuity Specialty Prods. Grp., 639
Holding statements: (A) holding trial court acted within its discretion in excluding expert testimony (B) holding that district court did not abuse its discretion in excluding plaintiffs experts opinion on causation because while expert plainly had greater knowledge of medicine generally than lay person he did not have specialized knowledge on precise subject of causation (C) holding that lower court abused its discretion in excluding plaintiffs expert where experts opinion was based on a differential diagnosis rather than epidemiologic evidence (D) holding that an experts opinion must be based on facts in evidence or within his or her knowledge and that the admission of an experts opinion is reviewed for an abuse of discretion (E) holding that differential diagnosis rendered expert opinion on causation sufficiently reliable for admission

A:
(C)
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