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: that he was on S.L.'s property, and he admitted that he took cigarettes and a lighter from the patio table. According to the recorded statement that Andrus gave to Detective Le-wallen, after' entering S.L.'s garage, An-drus changed his mind about being on S.L.'s property and decided to leave. The evidence at trial shows that Andrus did not have permission to be on the property or in S.L.'s garage or breezeway. Given the circumstances proven by the evidence admitted during Andrus's trial, the jury could have reasonably inferred from the evidence that Andrus, when entering the garage or breezeway, intended to commit theft under a standard of beyond reasonable doubt even if he later changed his mind - about committing a crime. See Mauldin v. State, 628 S.W.2d 793, 795 (Tex.Crim.App.1982) (<HOLDING>); Solis v. State, 589 S.W.2d 444, 446
Holding statements: (A) holding defendants plea to indictment alleging 8000 theft was not an admission to the theft amount (B) holding that against her will in the rape statute means without her consent and that the fact that the victim was under the age of consent was sufficient to establish that element (C) holding that the defendants entry into the building having been made in the nighttime without the consent of the owner is sufficient to show an intent to commit theft (D) holding that the plaintiff must show felonious intent to commit theft in order to establish a violation of section 8120141 (E) holding that the consent of the driver was invalid when the officer knew that the passenger was the owner of the automobile

Answer: (C)

Question: for a mitigating role adjustment pursuant to U.S.S.G. 3B1.2. Section 3B1.2 "authorizes a four-level reduction in offense level if the defendant is deemed a 'minimal' participant in the criminal activity! ] [and] a two-level reduction if he is deemed a 'minor' participant...." United States v. Skinner, 690 F.3d 772, 783 (6th Cir. 2012). The difference between "minimal" and "minor" is "not just semantic," United States v. Lopez, 937 F.2d 716, 728 (2d Cir. 1991), and the standards are not interchangeable. See U.S.S.G. 3B1.2 cmt. n. 5 (defining a "minor participant" as "a defendant ... who is less culpable than most other participants in the criminal activity, but whose role could not be described as minimal") (emphasis added); United States v. Friedman, 998 F.2d 53, 60 (2d Cir. 1993) (<HOLDING>). Both Griffith and the Government focus their
Holding statements: (A) recognizing this distinction (B) holding that there is no distinction in the right to jury trial between sentencing factors and elements (C) recognizing distinction between two types of waiver (D) holding that the district court improperly used the two different standards under ussg 3b12 interchangeably thus blurring the distinction between section 3b12a and b (E) recognizing distinction between tolling and estoppel

Answer: (D)

Question: in state court, Romagosa and Brown filed supplemental proceedings against the P.A., Van Diepen, and OIM pursuant to Fla. Stat. 56.29. Section 56.29(6)(b) states that "[w]hen any gift, transfer, assignment or other conveyance of personal property has been made or contrived by defendant to delay, hinder or defraud creditors, the court shall order the gift, transfer, assignment or other conveyance to be void-" Fla. Stat. 56.29(6)(b). The purpose of 56.29 is to assist judgment creditors in reaching the assets of judgment debtors. Morton v. Cord Realty, Inc., 677 So.2d 1322, 1324 (Fla.Dist.Ct.App.1996). Once the P.A. filed for bankruptcy, Ro-magosa's supplementary proceeding action was properly stayed by the bankruptcy court. See In re Saunders, 101 B.R. 303, 306 (Bankr.N.D.Fla.1989) (<HOLDING>). The bankruptcy court ordered the Trustee to
Holding statements: (A) holding that the automatic stay did not bar the filing of a proof of claim where the debtor actively litigated a separate action during the pending bankruptcy proceeding because to permit the automatic stay provision to be used as a trump card played after an unfavorable result was reached would be inconsistent with the underlying purpose of the automatic stay (B) holding rule 11 sanction proceeding was exempt from automatic stay (C) holding that a state is immune by virtue of 11 usc 106c from money damages for violating the automatic stay provision of 11 usc 362a (D) holding that although the automatic stay only applies to proceedings against the debtor counterclaims seeking affirmative relief against a debtor implicate the automatic stay (E) holding that the plaintiffs 5629 action against the defendant for alleged fraudulent transfers was subject to the automatic stay provision 11 usc 362a

Answer:
(E)