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: ... 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

Output: (B)

Input: Consider Input: Cordova's final policymaking authority concerning the termination or transfer of employees. For the aforesaid reasons, I conclude summary judgment should enter against Singer on the 1981 and 1983 claims against the School District. B. Liability of Cordova under 1981. I have concluded the School District is not liable to Singer under 1981. I consider Defendants' additional argument concerning the 1981 claim since it remains of relevance to Singer's 1981 claim against Cor-dova. Defendants argue 1981 does not apply to religious discrimination and the claim should be dismissed insofar as it is based on such discrimination. See Shapolia v. Los Alamos Nat'l Lab., 992 F.2d 1033, 1036 n. 3 (10th Cir.1993); Manzanares v. Safeway Stores, Inc., 593 F.2d 968, 971 (10th Cir.1979) (<HOLDING>). Singer cites the holding in Shaare Tefila
Holding statements: (A) holding discrimination based on pregnancy was not sex discrimination (B) holding that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex (C) holding that a violation of 1981 requires purposeful race discrimination (D) holding that racial discrimination is not a personal injury tort (E) holding 1981 is directed to racial discrimination although not necessarily limited to the technical or restrictive meaning of race but does not apply to sex or religious discrimination

Output: (E)

Input: Consider Input: asserted or argued that he did not know the marshal was a federal employee attempting to arrest him or that he acted out of a reasonable belief that he was being attacked by a private citizen. Thus, the district court did not plainly err in failing to issue such an instruction. See Sellers, 926 F.2d at 417. Our conclusion is further supported by the fact that the district court used the pattern jury instruction in the instant case. See Fifth Circuit Pattern Jury Instructions (Criminal) 2.09. By giving an instruction that tracked the pattern instruction and that was a correct statement of the law, the district court did not plainly err. See United States v. Whitfield, 590 F.3d 325, 354 (5th Cir.2009); United States v. Feola, 420 U.S. 671, 686, 95 S.Ct. 1255, 43 L.Ed.2d 541 (1975) (<HOLDING>). Leach finally contends that the district
Holding statements: (A) holding that convictions under 111 require at least some form of assault (B) holding that under 111 the defendants knowledge of the official status of the victim is generally irrelevant (C) holding that the color of law element may be satisfied by the fact that an official gains access to the victim in the course of official duty (D) holding that the race of the prosecutor is irrelevant (E) holding that a defendant who alleges selfdefense can show through the testimony of another witness that the alleged victim had a propensity for violence thereby inferring that the alleged victim was the aggressor a defendants prior knowledge of the victims reputation for violence is irrelevant because the evidence is offered to show the conduct of the victim rather than the defendants state of mind
Output: (B)