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.
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Question: But he claims that release at age 60 is a geriatric release and the functional equivalent of life without parole in violation of the Eighth Amendment. He also argues that such release violates the principles in Graham, Miller, and Montgomery because release at age 60 provides only grim prospects for any meaningful future outside prison. [12.] Even if Charles's 92-year sentence is equivalent to a sentence of life without parole, that alone does not mean his sentence is unconstitutional under Eighth Amendment precedent. The United States Supreme Court bars mandatory life sentences without parole against juvenile homicide offenders, not discretionary sentences of life without parole. See Miller, 567 U.S. at -, 132 S.Ct. at 2469; State v. Springer, 2014 S.D. 80, 15, 856 N.W.2d 460, 466 (<HOLDING>). [13.] In response, Charles asks this Court
Holding statements: (A) holding sentences of life without parole unique in their severity (B) holding that graham which prohibited the imposition of a life without parole sentence on a juvenile offender who did not commit homicide does not apply to a lengthy termofyears sentence that might constitute a de facto life sentence (C) recognizing that njeither graham nor miller explicitly apply to the functional equivalent of life without parole ie de facto life sentences (D) holding that consecutive fixedterm sentences for juveniles who committed multiple nonhomicide offenses are not clearly unconstitutional under graham even when they amount to the practical equivalent of life without parole (E) holding that williams fiftyyear sentence is not a de facto life sentence in violation of graham

Answer: (C)

Question: an alcohol concentration of .22. The Commissioner of Public Safety revoked Gergen's driving privileges, and the district court affirmed. ISSUES 1. Where a district court determines that a person arrested for driving while intoxicated did not make a good faith effort to contact an attorney, is the driver's right to counsel vindicated even though the telephone provided by the arresting officer is blocked from dialing 800-numbers? 2. Did the police officer violate Minn.Stat. 481.10? ANALYSIS I. A person arrested for driving while intoxicated (DWI) has a limited right to consult an attorney before deciding whether to submit to chemical testing, provided the consultation does not unreasonably delay the testing. Friedman v. Commissioner of Pub. Safety, 473 N.W.2d 828, 835 (Minn.1991) (<HOLDING>); see Minn. Const. art. I, 6 ("In all
Holding statements: (A) holding that there is no constitutional right to refuse chemical testing under the implied consent law (B) holding that the implied consent warning given to the defendant was not misleading or coercive because the validity of the implied consent notice is not contingent upon other administrative aspects of ocga 405671 (C) holding that officers not required to give implied consent warnings where statute did not apply (D) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (E) holding that right to counsel under implied consent statute is limited because of the evanescent nature of alcohol

Answer: (E)

Question: case as well. The district court permissively abstained under 1334(c)(1) and equitably remanded pursuant to 1452(b). The district court did not address the related Chapter 15 bankruptcies. Courts may permissively abstain from certain bankruptcy cases "[ejxcept with respect to a case under chapter 15." 28 U.S.C. 1334(c)(1) (emphasis added). Defendants base their challenge to the district court's order on the argument that 1452 does not apply in this case, rather than on the court's reasons for remand. We conclude that Defendants' challenge to the remand order thus falls within an exception to nonreviewability. See Schexnayder, 394 F.3d at 283 (the Fifth Circuit will review a case if based on a ground for remand not contemplated by remand statute); Wilson Indus., 886 F.2d at 95 (<HOLDING>). Accordingly, we' have jurisdiction to review
Holding statements: (A) holding that the decision to transfer rests within the sound discretion of the district court (B) holding that the decision to allow attorney fees rests with the trial judge and that decision may only be reversed for an abuse of discretion (C) holding that an appellate court can review a district courts decision to remand when that decision rests upon a ground not authorized by statute (D) holding that appellate court in affirming trial courts decision may rely in part on a ground not presented to trial court (E) holding that in reviewing a district courts decision on a motion for summary judgment de novo the decision can be affirmed on any ground that finds support in the record including an alternate ground

Answer:
(C)