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.

[EX 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
[EX A]: (A)

[EX Q]: of the government so recognized from the commencement of its existence." Oetjen v. Cent. Leather Co., 246 U.S. 297, 303, 38 S.Ct. 309, 62 L.Ed. 726 (1918); see also Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 417, 84 S.Ct. 923, 11 L.Ed.2d 804 (1964) ("established rule" is that "recognition operates retroactively to validate past acts"); United States v. Pink, 315 U.S. 203, 233, 62 S.Ct. 552, 86 L.Ed. 796 (1942) (recognition is retroactive in effect); United States v. Belmont, 301 U.S. 324, 328-330, 57 S.Ct. 758, 81 L.Ed. 1134 (1937) (recognition is retroactive). Further, the FSIA itself is retroactive in application and applies to actions of foreign sovereigns prior to the passage of the FSIA. Republic of Austria v. Altmann, 541 U.S. 677, 124 S.Ct. 2240, 159 L.Ed.2d 1, (2004) (<HOLDING>). Consequently, the FSIA would apply to all
Holding statements: (A) holding that the fsia applied retroactively to actions of the austrian government in 1948 (B) holding that kotecki limit applied retroactively (C) holding the fourteenth amendment does not apply to the actions of the federal government (D) holding the batson rule was not to be applied retroactively to a state conviction on federal habeas review (E) recognizing the objection requirement for new state constitutional rules applied retroactively
[EX A]: (A)

[EX Q]: Reversed. Judge HUNTER, JR. concurs in result with separate opinion. Judge STEELMAN dissents. 1 . The pseudonym T.A.S. is used to protect the identity of the juvenile. 2 . The record does not indicate whether the male students' underwear was subject to the search or, if so, how the inspection thereof was conducted. In fact, Ms. Robinson's testimony suggests that only the girls were subject to this more extensive search. 3 . The same standard applies here despite the presence of a law enforcement officer because, as found by the trial court, the search was conducted by school administrators and staff, and the school resource officer's role was limited to observation, as he did not participate in the actual search. See In re Murray, 136 N.C. App. 648, 650, 525 S.E.2d 496, 498 (2000) (<HOLDING>); see also In re J.F.M. & T.J.B., 168 N.C. App.
Holding statements: (A) holding that search of shoulder bag was not authorized by search warrant for apartment (B) holding that search of backpack constituted a search of defendants person and was not authorized by search warrant for premises (C) holding the tlo standard governs school searches when school resource officers who although employed by the local police department are primarily responsible to the school district are acting in conjunction with school officials (D) holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours (E) holding search was conducted by school official where school resource officer did not search the bag himself or conduct any investigation on his own and therefore applying the tlo reasonableness standard
[EX A]:
(E)