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]: testified that he examined bullets and casings found at both S & A Food Store and Fast Freddy's. He concluded that the .9 millimeter used in the S & A offense was also fired during the Fast Freddy's offense. Therefore, the State's evidence showed a strong correlation between the S & A offense and the Fast Freddy's offense, providing both intent and identity evidence in the Fast Freddy's offense and eliminating the need for the Vogt Street offense. c. No Need for Vogt Street Offense The evidence outlined above shows that the State's evidence of Russell's intent in the Fast Freddy's offense was strong; therefore, the need for the extraneous Vogt Street offense was minimal at best. See Montgomery, 810 S.W.2d at 390; Graff v. State, 65 S.W.3d 730, 740 (Tex.App.-Waco 2001, pet ref'd) (<HOLDING>). The State's evidence showing Russell's intent
Holding statements: (A) holding that the cumulative effect of the evidence was sufficient to establish that defendant constructively possessed the methamphetamine laboratory discovered in a bedroom she shared with a renter (B) holding that methamphetamine retained for personal use by the defendant who had been convicted of conspiracy to distribute the substance and never argued any of the methamphetamine was lawfully obtained was properly considered contraband with which he was directly involved and therefore relevant conduct (C) holding that the enhancement applied where the defendant possessed a firearm in connection with possessing methamphetamine (D) holding the state did not need this evidence of possession of 147 boxes of cold pills used to manufacture methamphetamine because the state had other convincing evidence to establish the defendants intent to deliver methamphetamine (E) holding that the state is not allowed to suppress evidence but it need not collect evidence for the defendant
[A]: (D)

[Q]: 2505. III. DISCUSSION A. No Private Cause of Action Under IGRA As an initial matter, the court dismisses all of plaintiffs claims against all defendants brought pursuant to alleged violations of IGRA. The court, following the majority of courts who have decided the issue, finds that IGRA provides no private right of action against the Tribe, the State, the federal government or any official or agency thereof. See, e.g., Tamiami Partners, Ltd. v. Miccosukee Tribe of Indians, 63 F.3d 1030, 1049 (11th Cir.1995)(finding plaintiff failed to state a claim against tribe for alleged failure to comply with IGRA's licensing requirements because no implied cause of action in IGRA); American Greyhound Racing, Inc. v. Hull, 146 F.Supp.2d 1012, 1053 (D.Ariz.2001)(citing 25 U.S.C. 2710(d)(7)(A))(<HOLDING>); Jimi Dev. Corp. v. Ute Mountain Ute Indian
Holding statements: (A) holding that no private right of action exists (B) holding that there is no private right of action for any person under 13d (C) holding that the scope of section 541 is broad and includes all kinds of property including causes of action (D) recognizing private right of action (E) holding only three kinds of entities are expressly given causes of action under igraindian tribes states and the united statesand there is no implied private right to enforce igra
[A]: (E)

[Q]: 1 We note that the Supreme Court of Georgia recently vacated portions of the trial court's injunction order in Barham v. City of Atlanta, 292 Ga. 375 (738 SE2d 52) (2013). 2 Am. Petroleum Prods., Inc. v. Mom & Pop Stores, Inc., 231 Ga. App. 1, 7 (3) (497 SE2d 616) (1998) (punctuation omitted). 3 Levine v. Sun Trust Robinson Humphrey, 321 Ga. App. 268, 275 (3) (740 SE2d 672) (2013) (punctuation omitted). 4 Am. Petroleum Prods., 231 G 215 SE2d 294) (1975) ("[When] the complaining party cannot legitimately claim surprise, either because he knew of the existence of the witness or had equal means of knowing, it is not error to fail to invoke the sanctions of postponement, mistrial, barring the witness, etc."). Cf. Malley Motors, Inc. v. Davis, 183 Ga. App. 599, 600 (1) (359 SE2d 394) (1987) (<HOLDING>). 18 See Hunter v. Nissan Motor Co. Ltd. of
Holding statements: (A) holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness (B) holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care (C) holding that trial court abused its discretion in permitting the testimony of a witness who was not listed in the pretrial order and no reason was given for the failure to list the witness (D) holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case (E) holding that the jury is the judge of the weight and credibility given to witness testimony
[A]:
(C)