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]: should be drawn from the defendant's failure to call his accomplices to testify. The prosecutor remarked only that Mitchell had the power to subpoena witnesses, and that the defense could do so "if they thought it would contradict something [the State! presented." In light of defense counsel's earlier statements that "clearly you have a situation where a misidentification could take place," and that the jury should be able to see Corprew, Cochran, and Henderson in the courtroom, the prosecutor's remarks did not relate to the substance of those witnesses' potential testimonies. Had the prosecutor inferred that Corprew, Cochran, and Henderson would have testified unfavorably to the defense, that inference might well have conflicted with Christensen, 274 Md. at 140-41, 333 A.2d at 49 (<HOLDING>). Nevertheless, we conclude that the
Holding statements: (A) holding that trial court has discretion to permit defendant to call accused witness to stand and permit witness to invoke fifth amendment privilege in front of jury where entire defense was centered on witness commission of crime (B) holding that sixth amendment only requires that witness be brought to court not that he be required to take witness stand after refusing to testify and observing that it is irrelevant whether the witnesss refusal is grounded in a valid fifth amendment privilege an invalid privilege or something else entirely (C) holding that an adverse inference cannot be drawn from a defendants failure to call a witness if the states evidence establishes that the witness is an accomplice who would be entitled to assert a fifth amendment privilege (D) holding that witness was not an accomplice in distributing marijuana to himself (E) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify
[A]: (C)

[Q]: the crime charged. If the evidence is cumulative, the trial court should more closely scrutinize its prejudicial effect. If the evidence is necessary to prove an element of the charge, the trial judge may have erred in not sustaining the defendant's motion for a directed verdict of acquittal. Moreover, a defendant may have a valid objection, under federal rule 611(b), that the government's cross-examination exceeds the scope of the direct. These added considerations are necessary not only to limit the impact of rule 404(b) on rule 608(b), but also to limit the prejudicial effect of allowing the government to have the last say through evidence of a defendant's prior misconduct. Smith Grading & Paving, 760 F.2d at 581; see also United States v. Horton, 847 F.2d 313, 324-25 (6th Cir.1988) (<HOLDING>). The purpose of Rule 608(b) is to prevent
Holding statements: (A) holding that proponent of 404b evidence must identify a proper 404b purpose for admission that is at issue in the case (B) holding that evidence of threats or intimidation of a witness is admissible under rule 404b to show consciousness of guilt (C) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (D) holding that rule 404b evidence is admissible in rebuttal (E) holding that admission of rule 404b evidence was proper
[A]: (D)

[Q]: is fixed by 18 U.S.C. 4042, independent of an inconsistent state law." 374 U.S. at 164-65, 83 S.Ct. 1850. Section 4042 requires that the BOP "provide for the safekeeping, care, and subsistence" of persons in its custody. 4042(a)(2). Pappas argues that, under Muniz, the duty of care in 4042 trumps any inconsistent Oklahoma duty of care. We need not address that question because the duty of care established by 4042 does not appear inconsistent with Oklahoma law, which has noted the general rule that custodial personnel "must exercise reasonable care and diligence to protect those in [their] custody from known or reasonably perceivable dangers." Seiler v. City of Bethany, 746 P.2d 699, 700 (Okla.Ct.App.1987) (c Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994) (<HOLDING>). Pappas asserts that the district court
Holding statements: (A) holding that the burden rests upon the party seeking benefits to prove the injury sustained was the result of an accident arising out of and in the course of employment and the rule of liberal construction is not a substitute for the claimants burden of establishing his claim by a preponderance of the evidence (B) holding that the burden of proof lies on the party asserting the protection of the work product doctrine (C) holding the law presumes that a cause lies outside the limited jurisdiction of the federal courts and the burden of establishing the contrary rests upon the party asserting jurisdiction (D) holding that the law presumes that the jury will follow the courts instructions (E) holding that the party asserting work product protection has the burden of establishing that the doctrine applies
[A]:
(C)