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: is knowing and voluntary, when there is a factual foundation to support it, when the state has agreed to it, then the discretion has ended and the plea must be accepted." Id. at 1041. We noted, however, that this rule applied only to "unconditional and unqualified" guilty pleas, not to negotiated pleas where the State has agreed to a particular sentence or to the disposition of particular charges, or where the State opposes the plea. Id. at 1041-42 (on motion for rehearing). Florida Rule of Appellate Procedure 9.140(b)(2)(A)(i) provides: "A defendant who pleads guilty or nolo contendere may expressly reserve the right to appeal a prior dispositive order of the lower tribunal, identifying with particularity the point of law being reserved." See State v. Ashby, 245 So.2d 225 (Fla.1971) (<HOLDING>). A trial judge has wide discretion to refuse
Holding statements: (A) holding a contemporaneous objection is required to preserve an issue for appellate review (B) holding that a defendant in a criminal case might plead no contest conditioned on the right to preserve for appellate review a question of law (C) holding that the defendant failed properly to preserve assignment of error for appellate review because the trial court had no opportunity to consider the defendants contention as presented on appeal (D) holding that there is no due process right to appellate review (E) holding that under state procedural law a timely objection is necessary to preserve a batson question for appellate review

A: (B)
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Q: Third, the Kimmell court did not actually address whether future projections were actionable, but merely assumed that they were based on the procedural posture of the case and the issues addressed on appeal. Id. Finally, the Second Circuit noted that, "although the Appellate Division in Kimmell [implicitly] found that future prediction/projeetions could qualify as the basis for a negligent misrepresentation claim ..., that finding is contrary to the great weight of authority." Id. The Court agrees with the Second Circuit's analysis. The inquiry does not depend on whether the omission itself relates to a past or present fact. Instead, the relevant inquiry is whether the failure to disclose renders an existing statement of fact false or misleading. Cf. Metropolitan, 532 F.Supp.2d at 1290 (<HOLDING>). If this were not the case, almost any
Holding statements: (A) recognizing the cause of action (B) holding that an omission claim could not be maintained where plaintiff did not point to previous statements that were misleading without further disclosures (C) holding that a duty to disclose arises whenever secret information renders prior public statements materially misleading (D) holding analysts statements insufficient to satisfy particularity requirements because plaintiffs failed to identify with specificity the statements made by a particular defendant or describe how those statements were false or misleading (E) holding that a cause of action based on an omission requires the plaintiff to show how an alleged omitted fact negates the truth of or renders misleading the statements actually made

A: (E)
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Q: conversion should have an opportunity to reassert objections to exemptions. Indeed, Rule 1019(2) specifically addresses time period for actions after conversion, and provides for the re-running of times allowed for filing a claim, objecting to discharge and objecting to dischargeability. There is no new time period, however, for the trustee to assert objections to exemptions. "If a new time period for objections to exemptions began to run upon conversion of a case, one would expect to see it mentioned in Rule 1019(2), [and][i]t is not there." In re Brown, 178 B.R. 722, 728 (Bankr.E.D.Tenn.1995). Where the statute is clear, it is not appropriate to look to policy arguments. United States v. Ron Pair Enterprises, Inc., 489 U.S. 235, 240-41, 109-S.Ct. 1026, 1030, 103 L.Ed.2d 290 (1989) (<HOLDING>), and none of the policy arguments are
Holding statements: (A) recognizing that legislative history is not used to create ambiguity where statutory language is clear (B) holding that the relevant time of inquiry is the date of the filing of the complaint (C) holding that the relevant dispositive inquiry is whether it would be clear to a reasonable state official that his conduct was unlawful (D) holding that pursuant to 28 usc 2254d1 if the state court reached the correct result with respect to petitioners claim of constitutional violation even if on erroneous reasoning that is the end of our inquiry (E) holding that where the statutory scheme is clear the inquiry should end

A:
(E)
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