TASK DEFINITION: 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.
PROBLEM: the sentencing information balancing test urged by the dissent. The ongoing confusion concerning the breach of Wisconsin plea agreements is further highlighted by this district's issuance of an unusual, three-legged opinion. 24. While I have some sympathy with the dissent's concern about the continued integrity of the plea bargaining process, I disagree that the facts in this case can result in an unwarranted sentencing "clam up" restriction. The prosecutor not only has a right but a duty to provide information to the sentencing court. Moreover, there is nothing wrong with the prosecutor providing his or her opinion of the defendant's character, even if negative, to the sentencing court so long as the opinion is used to support the recommendation. See Ferguson, 166 Wis. 2d at 324-25 (<HOLDING>). But it makes no sense to allow the prosecutor
Holding statements: (A) holding that erroneous use of statutorily unqualified person to prepare posttrial recommendation requires new recommendation and action (B) recognizing the importance of congressional findings in determining the appropriateness of congresss remedial measures (C) recognizing prosecutors task to attempt to convince the court of the appropriateness of the recommendation (D) holding that the court will review the report and recommendation for clear error (E) holding that if counsel raises an issue the failure to convince the court to rule in an appellants favor is not ineffective performance

SOLUTION: (C)

PROBLEM: court failed to question any of the prospective jurors regarding their understanding and acceptance of the first Zehr principle, defendant is presumed innocent of the charges against him. With regard to the second Zehr principle, the State's burden of proof, the circuit court questioned the prospective jurors as to whether they would sign the appropriate verdict form if the State had or had not met its burden of proof. This was a "general question concerning the juror's willingness to follow the law" (177 Ill. 2d R. 431, Committee Comments, at lxxix) which did not comply with the 2007 amended rule's requirement that the court question the prospective jurors regarding their understanding and acceptance of the State's burden. See also People v. Anderson, 389 Ill. App. 3d 1, 8 (2009) (<HOLDING>). The circuit court questioned the prospective
Holding statements: (A) holding that plan did not comply (B) holding that such a general question regarding the prospective jurors willingness to follow the law did not comply with the 2007 amended version of rule 431b (C) recognizing general rule (D) holding that the february 28 2007 interim rule was invalid because it failed to comply with the administrative procedure act (E) recognizing that jurors are presumed to follow instructions

SOLUTION: (B)

PROBLEM: on which she was indicted. On the videotape, DeSalvo claimed knowledge and expertise in furnishing Medicare providers with substantial, no-risk benefits by subscribing to lost charge audit services. The videotape illustrated DeSalvo's promotion of and proficiency in lost charge audits, thus tending to show that when she previously submitted false Medicare claims, she knew them to be false. Similar cases have found applicability of Rule 404(b) in less persuasive circumstances. See United States v. McDonald, 576 F.2d 1350, 1356 (9th Cir.) (finding that developer's subsequent statements on land deals implied knowledge of previously fraudulent conduct), cert. denied, 439 U.S. 830, 99 S.Ct. 105, 58 L.Ed.2d 124 (1978); see also United States v. Bibo-Rodriguez, 922 F.2d 1398, 1399 (9th Cir.) (<HOLDING>), cert. denied, 501 U.S. 1234, 111 S.Ct. 2861,
Holding statements: (A) holding that despite differences in method evidence of subsequent drug smuggling could be admitted to show prior knowledge and intent (B) holding there was no rule 404b violation where the evidence was admitted to show knowledge and knowledge was an element of the crime charged (C) holding prior drug convictions relevant to show that defendant had knowledge and intent necessary to possess drugs at issue in case (D) holding that evidence of a 10yearold drug conviction was properly admitted to show intent in a prosecution for possession with intent to distribute (E) holding that evidence of prior drug transactions was admissible under rule 404b to show inter alia intent to enter into the drug conspiracy and knowledge of the conspiracy

SOLUTION:
(A)