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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: proceeding"). Here, the only evidence that th .Crim.App.2000) (stating, in motion to suppress context, "[T]he judge may believe or disbelieve all or any part of a witness's testimony, even if that testimony is not controverted"). Appellant's and Sanchez's after-the-fact, out-of-court averrals about appellant's ability to understand the proceedings and waivers he signed were untimely factual statements in appellant's self-interest. Even though the State did not offer affidavits to controvert appellant's and Sanchez's affidavits, it was within the trial court's discretion to disbelieve the assertions contained in those affidavits that appellant does not read or speak English. See Charles, 146 S.W.3d at 210; Shanklin, 190 S.W.3d at 167; see also Phuong Anh Thi Le, 300 S.W.3d at 327 (<HOLDING>). The trial court, and not this Court, is in
Holding statements: (A) holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record (B) holding that in reviewing trial courts ruling on habeas corpus petition reviewing court must defer to all of trial courts implied factual findings supported by record (C) recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous (D) holding that as long as the findings are supported by substantial evidence the board must defer to the hearing committees credibility determinations because they are subsidiary findings of basic facts (E) holding that appellate court must defer to all implied factual findings supported by record

A: holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record
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Q: of finality which is essential to the operation of our criminal justice system." Sawyer v. Smith, 497 U.S. 227, 242, 110 S.Ct. 2822, 111 L.Ed.2d 193 (1990). Petitioner claims that Apprendi falls within the narrow scope of the second category of exceptions and is therefore applicable to his case retroactively. The Second Circuit has not yet addressed the question of whether Apprendi should be considered a "watershed rule," falling within the Teague exceptions. However, every Circuit Court which has considered this question has held that Apprendi should not be applied retroactively on collateral review. United States v. Sanders, 247 F.3d 139, 146 (4th Cir.2001); Jones v. Smith, 231 F.3d 1227, 1236 (9th Cir.2001); see, e.g., Abdullah v. United States, 240 F.3d 683, 687 (8th Cir.2001)(<HOLDING>); Browning v. United States, 241 F.3d 1262,
Holding statements: (A) holding that petitioner was barred from bringing apprendi claim on second or successive motion to vacate because supreme court had not made apprendi retroactive to cases on collateral review (B) holding apprendi is not retroactive (C) holding that apprendi does not apply on collateral review (D) holding that until the supreme court rules otherwise apprendi is not a new rule of constitutional law made retroactive to cases on collateral review that was previously unavailable (E) holding that the apprendi decision is not applicable on collateral review

A: holding apprendi is not retroactive
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Q: to have been rejected solely on the ground that this amount had not been tendered within the time period prescribed by appellant's counsel. (emphasis added). In State Farm Mutual Automobile Ins. Co. v. Marcum, Ky., 420 S.W.2d 113 (1967), (overruled on other grounds, 531 S.W.2d 493, 500 (1976)) the Court of Appeals again addressed the issue of bad faith in the context of a failure to settle a claim for policy limits. The court, in affirming a judgment against an insurer for bad faith, noted that (a) clear liability, (b) the seriousness of the injuries sustained and (c) the failure to seize the opportunity to settle the case for the policy limits of $20,000 resulted in sufficient evidence of bad faith. Compare Harvin v. United States Fidelity & Guaranty Co., Ky., 428 S.W.2d 213 (1968) (<HOLDING>). For several years the law of Kentucky on the
Holding statements: (A) holding there can be no claim for bad faith when an insurer has promptly denied a claim that is in fact not covered (B) holding that insured may recover attorneys fees from insurer where insurer acts in bad faith (C) holding insurer not liable for bad faith when it denied insureds claim based on a good faith dispute regarding the interpretation of a rule (D) holding that no cause of action for bad faith exists when insurer has reasonable grounds to contest liability (E) holding that although courts have inherent power to dismiss bad faith litigant 707a does not provide basis for dismissal on grounds of bad faith filing

A:
holding there can be no claim for bad faith when an insurer has promptly denied a claim that is in fact not covered
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