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: )4 mile away. Fifth, also at this time, a vehicle registered to Nelson pulled in and parked next to Miller's car. Sixth, the note at the boat ramp informed Kaplan that he was being watched. Seventh, Miller and Nelson both left the lake at the same time Kaplan left. Eighth, Nelson arrived at the same McDonald's immediately after Kaplan arrived. Ninth, a passenger from Nelson's car approached Kaplan's vehicle and peered into Kaplan's vehicle from a distance of 10 feet away. Tenth, Nelson drove home from the McDonald's using what would normally be described as counter-surveillance techniques. Finally, Miller changed his story as to why he was at the lake that day at that time. See Iannelli v. United States, 420 U.S. 770, 777 n. 10, 95 S.Ct. 1284, 1289-90, 43 L.Ed.2d 616 (1975) (<HOLDING>); United States v. Penagos, 823 F.2d 346, 348
Holding statements: (A) holding that an agreement may be inferred entirely from circumstantial evidence (B) holding that the conspiratorial agreement may be proved by circumstantial evidence including the acts and conduct of the coconspirators and the inferences that may be drawn from their acts (C) holding that intent and knowledge can be proved by circumstantial evidence (D) recognizing that identity of a substance as cocaine may be proved by circumstantial evidence (E) holding that there was no evidence or inferences to be drawn from the evidence to support the damage award

Output: (B)

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: at DFW International Airport, where hundreds of people work. This construction is inconsistent with the stated purposes of the TCHRA, as well as with the legislature's prior actions that broadened the reach of the TCHRA by broadly defining "state agency." Our statutory construction analysis compels the conclusion that the legislature intended to include organizations like the DFW Board within the scope of the term "state instrumentality." Other courts, including this court in Tarrant County Hospital District v. Henry, have likewise held that an entity created pursuant to Texas statutory authority, and whose purpose includes the performance of public and governmental functions are a state instrumentality. See, e.g., 52 S.W.3d 434, 445-48 (Tex.App.-Fort Worth 2001, no pet.) (<HOLDING>); Purdin, 143 S.W.3d at 301 (holding economic
Holding statements: (A) holding that an entity majorityowned by an agency or instrumentality of a foreign state is itself an agency or instrumentality of that foreign state under the fsia (B) holding economic development corporation to be state instrumentality subject to claims made under the tchra and explaining that the employment discrimination prohibitions in chapter 21 are to be generally applied (C) holding hospital district to be state instrumentality subject to claims made under tchra (D) holding that a state agency is not a person subject to suit under federal false claims act (E) holding school district in claim made pri or to amendment defining state agency to be state instrumentality subject to claims made under tchra
Output: (C)