TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: (D)

PROBLEM: concerning a matter within the scope of the agency or employment, made during the existence of the relationship. However, courts faced with this issue have refused to apply this provision to government employees testifying in criminal trials based on the rationale that no individual can bind the sovereign. See United States v. Kampiles, 609 F.2d 1233, 1246 (7th Cir.1979) ("Because the agents of the Government are supposedly disinterested in the outcome of a trial and are traditionally unable to bind the sovereign, their statements seem less the product of the adversary process and hence less appropriately described as admissions of a party." (citations omitted)), cert. denied, 446 U.S. 954, 100 S.Ct. 2923, 64 L.Ed.2d 812 (1980); United States v. Santos, 372 F.2d 177, 180 (2d Cir.1967) (<HOLDING>); United States v. Durrani, 659 F.Supp. 1183
Holding statements: (A) holding that even in separate trial other crimes evidence would not have been admissible and identification testimony would have been admissible (B) holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution (C) holding in a criminal case that a statement by an unavailable declarant was not admissible as a declaration against his penal interest and was not admissible under rule 804b5 either (D) holding statements by coconspirator nontestimonial and thus admissible (E) holding alford plea admissible in burglary prosecution

SOLUTION: (B)

PROBLEM: manager-trainees. 25 . When Foradori's counsel asked Feigenb-aum "if we don't understand all of their training [i.e. Captain D's training policies as evidenced in Captain D's manuals] as was suggested [by defense counsel], whose fault is that[?]," the district court sustained Captain D's objection, stating that such opinion was outside of Feigenbaum's area of expertise. Also, the district court sustained objections to plaintiff counsel's mischaracterization of King's testimony and to leading questions. 26 . In a motion in limine, Captain D's raised a Daubert objection to Feigenbaum's qualifications; however, Captain D's waived it by failing to timely object to his qualification and testimony at trial. See C.P. Interests, Inc. v. Cal. Pools, Inc., 238 F.3d 690, 701 (5th Cir.2001) (<HOLDING>); Wilson v. Waggener, 837 F.2d 220, 222 (5th
Holding statements: (A) holding that failure to object does not preclude raising the issue on appeal where erroneous evidence is offered in violation of an order in limine (B) holding that the failure to raise an issue in the opening brief waives the issue (C) holding that although a defendant filed a motion in limine on an evidentiary issue a failure to object to the evidence at trial waives the issue for appeal (D) holding that failure to raise an issue in an opening brief waives that issue (E) holding defendant failed to preserve for appeal the question of admissibility of evidence that was the subject of the motion in limine where defendant failed to object to evidence when offered at trial

SOLUTION:
(C)