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.

Input: Consider Input: been completed and 2) further investigation into issues such as whether there was hair in the shotgun hole was not necessary because, if used at trial, it would have been perceived as "tearing apart the victim." Thus, Roark's decision to not investigate was essentially a combination of acts within the wide range of reasonable professional assistance and one that falls within the category of strategic or tactical decisions that should not be second guessed. Hollon does not present any persuasive argument that' the investigation was below an objective standard. Consequently, we uphold the district court's determination that Hollon has not established a claim of ineffective assistance of counsel in this regard. D. Suppression of Hollon's Confession Hollon argues that Roark rendered in ) (<HOLDING>). In this case, the district court determined
Holding statements: (A) holding that counsels failure to move to suppress the defendants confession constituted ineffective assistance because it was obvious that the confession would have been suppressed (B) holding that a petitioner must show that the outcome of his appeal would have been different had counsel raised the issue (C) holding that for an ineffective assistance of counsel claim to be established a defendant must show that but for counsels error the outcome of his proceedings would have been different (D) holding that to show prejudice in a claim of ineffective assistance of appellate counsel the petitioner must show a reasonable probability that but for counsels errors the result of the proceeding would have been different (E) holding that where the record supported the district courts conclusion that statements would not have been suppressed and there had been nothing submitted on appeal to lead to a different conclusion the petitioner had not shown any resulting prejudice from the failure to file a motion to suppress and therefore had not established a claim of ineffective assistance of counsel

Output: (E)

Input: Consider Input: omitted). Even if we were to do so, it would not change the outcome, since we see no error in the district court's ruling regardless of whether the robbery and drug conspiracy were related. 3 . This course of action is permissible, though "we have repeatedly mentioned 'our strong preference for James proceedings.' " United States v. Townley, 472 F.3d 1267, 1273 (10th Cir.2007) (quoting United States v. Owens, 70 F.3d 1118, 1123 (10th Cir.1995)). 4 . The conspiracy supporting the introduction of the out-of-court statement need not be the same as the conspiracy charged in the indictment, so long as the statement was in furtherance of the uncharged conspiracy. United States v. Gigante, 166 F.3d 75, 82 (2d. Cir.1999); see also United States v. Evans, 970 F.2d 663, 675 (10th Cir.1992) (<HOLDING>). 5 .Burnett testified at one point that he had
Holding statements: (A) holding that a failure to instruct the jury on additional uncharged conspiracies is not reversible error so long as the jury is instructed that the government has the burden to prove the charged conspiracy (B) holding that although it is proper to instruct the jury that it may consider whether the factual predicates necessary to establish the prima facie case have been shown it is error to instruct the jury on the mcdonnell douglas burden shifting scheme (C) holding that the district courts failure to instruct the jury as to the proper standard of proof constituted plain error (D) holding failure to instruct jury on requirement of corroboration of informants testimony is error (E) holding that the failure to properly instruct the jury on the burden of proof required a new trial

Output: (A)

Input: Consider Input: coercion ... with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of [California]." Cal. Gov't -Code 52.1. To prevail on a 52.1 claim, a plaintiff must therefore prove (1) a violation of a constitutional or statutory right (2) by intimidation, threats or coercion. Venegas v. Cnty. of Los Angeles, 153 Cal.App.4th 1230, 1242, 63 Cal.Rptr.3d 741, 750 (2007). Defendants take the position that a California Civil Code 52.1 claim can only survive if the plaintiff proves "threats, intimidation, or coercion" separate and apart from whatever constitutional violation is at issue in the case. See Rodriguez v. City of Fresno, 819 F.Supp.2d 937, 953 (E.D.Cal.2011) (<HOLDING>). Defendants argue that Plaintiffs failed to
Holding statements: (A) holding that where the plaintiffs evidence supported a finding that the defendants had applied force to restrain him the jury must determine not only whether the officers were justified in using force at all but if so whether the degree of force actually used was reasonable (B) holding that an officers use of force against a plaintiff was objectively reasonable considering the force the plaintiff herself exercised in resisting police custody (C) holding force to be an element of pre1994 amendment 111 which may be satisfied by proof of force or threat of force (D) holding that under 521 the coercive force applied against a plaintiff must result in an interference with a separate constitutional or statutory right and it is not sufficient that the right interfered with is the right to be free of the force or threat of force that was applied (E) holding that plaintiff could not pursue section 521 claim on the basis of allegations that defendants used force to interfere with his right to be free from bodily restraint or harm
Output: (D)