instruction:
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.
question:
... clearly does not rise to the level of constitutional error when the failure was correct as a matter of state law." 593 F.2d at 267. He noted also that "the highest court of Kentucky expressly held that the state trial court did not err in refusing to give the requested lesser included offense instruction." I do not find any error in this conclusion. Shortly after this court decided Pilon, however, the Supreme Court invalidated on due process grounds an Alabama law which forbade the jury to consider a verdict of guilt of a lesser included offense in a capital case when the evidence would have supported such a verdict. Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980). See also Hopper v. Evans, 456 U.S. 605, 611, 102 S.Ct. 2049, 2052, 72 L.Ed.2d 367 (1982) (<HOLDING>). Beck was concerned with imposition of the
Holding statements: (A) holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction (B) holding that beck requires that a lesser included offense instruction be given when the evidence warrants such an instruction as a matter of due process in a capital case (C) holding that due process does not require a lesser included offense instruction of manslaughter where not requested (D) holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given (E) holding that a lesser included offense instruction might be constitutionally required in capital cases because of their unique nature
answer:
(B)

question:
appropriate relief for such a violation is for the habeas court to "vacate the judgment of conviction and enter a new judgment from which an appeal can be taken." Id. Defendant argues that the Peak line of eases applies to his situation, and that his appellate rights should thus be reinstated. However, the Peak rule does not apply in defendant's ease, as the appeal at issue is not an appeal from a conviction. A Sixth Amendment right to counsel does not attach to an appeal from a supervised release revocation hearing. Borrego v. United States, 975 F.Supp. 520, 523 (S.D.N.Y.1997). This follows logically from the fact that there is no guaranteed constitutional right to counsel at the supervised release revocation hearing itself. See United States v. Meeks, 25 F.3d 1117, 1123 (2d Cir.1994)(<HOLDING>); see also United States v. Pelensky, 129 F.3d
Holding statements: (A) holding that defendants have a right to counsel in criminal proceedings (B) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (C) recognizing constitutional right to effective counsel (D) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (E) holding that most of the fundamental constitutional procedural protections that are normally applicable to a criminal prosecution are not required for supervisedrelease proceedings as a matter of constitutional law including a right to counsel
answer:
(E)

question:
of acquittal on the charge of failure to maintain financial responsibility and entering judgment on the jury's verdict because violation of section 303.025 does not constitute a criminal offense in that the applicable statutes do not provide criminal penalties for violation of section 303.025. The record reveals that defendant failed to raise this issue before, during, or after trial. No reference to this issue appears in his motion for new trial. Although we may review for plain error under Rule 30.20 if manifest injustice or miscarriage of justice has resulted from a ruling affecting substantial rights, we decline to do so here because we do not find defendant's argument to have merit. See sections 303.025 and 303.370.5; cf. State v. Mayo, 915 S.W.2d 758, 762-63 (Mo.banc 1996) (<HOLDING>). Point denied. Judgment affirmed. KATHIANNE
Holding statements: (A) holding revocation of appellants medical license not barred by previous acquittal on charge of criminal abortion even though criminal charge was basis of license revocation proceeding (B) holding that suspension of a drivers license for conduct already sanctioned in a criminal case did not violate defendants constitutional rights against double jeopardy because it served a remedial purpose beyond the criminal penalties (C) holding that age disclosed on a drivers license constituted an admission where the party swore to the truth of the statements made in the license application (D) holding that the suspension or revocation of a drivers license is not a sanction which once imposed precludes the application of criminal sanctions (E) holding that a sanction which constitutes the revocation of a privilege voluntarily granted is characteristically free of the punitive criminal element
answer:
(D)