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:
de novo on all issues bearing on the proper sentence." Teffeteller v. State, 495 So.2d 744, 745 (Fla.1986). In noncapital cases, too, we have concluded that "resentencing entitles the defendant to a de novo sentencing hearing with the full array of due process rights." Trotter v. State, 825 So.2d 362, 367-68 (Fla.2002); see also Galindez v. State, 955 So.2d 517, 525 (Fla.2007) (Cantero, J., specially concurring) ("We have consistently held that resentencing proceedings must be a 'clean slate,' meaning that the defendant's vacated sentence becomes a 'nullity' and his 'resentencing should proceed de novo on all issues bearing on the proper sentence.' " (citation omitted)); Walker, 988 So.2d at 8 (Altenbernd, J., concurring specially) ("Generally, courts have held that once a def A 1998) (<HOLDING>); Baldwin v. State, 700 So.2d 95, 96 (Fla. 2d
Holding statements: (A) holding that at resentencing the state must present evidence on an enhanced sentencing factor despite having done so at the prior sentencing hearing (B) holding that the state had the burden of proving the defendants two prior convictions in order to obtain the felony dui conviction (C) holding that at a resentencing the state must again prove the basis for an enhanced sentence even though such evidence was produced at the original sentencing (D) holding that even though the defendant did not challenge his prior convictions at the original sentencing lawofthecase principles do not insulate the state from proving them at resentencing (E) holding that at resentencing on violation of probation trial court may revise guidelines scoresheet to reflect prior convictions mistakenly omitted from the original through no fault of the defendant
answer:
(D)

question:
house. Id. 38. Again, that is not the situation here. {19} In sum, none of the cases cited by the State support the propriety of the sweep in this case because there was no specific showing that Defendant and his wife were armed or that other persons might be with them. Allowing the agents to justify the protective sweep in the absence of information suggesting there may be a danger posed by others would be "directly contrary to the Supreme Court's explicit command in Buie that the police have an articulable basis on which to support their reasonable suspicion of danger from inside the home." United States v. Archibald, 589 F.3d 289, 300 (6th Cir. 2009). Accordingly, we conclude that, based on the agents' lack of information, the sweep of Defendant's house was unauthorized. See id. (<HOLDING>). {20} Perhaps recognizing the consequences of
Holding statements: (A) holding that it was plain error for trial court to allow more than one conviction of grossly negligent operation of a vehicle where more than one person was injured (B) recognizing that cjlearly buie requires more than ignorance or a constant assumption that more than one person is present in a residence (C) holding that more than notice to a defendant is required (D) holding a defendant may not be convicted of more than one count of dissemination of matter harmful to minors based on one occurrence even if there was more than one victim (E) holding that a noticeofrights form that plainly affects more than one person and encompasses more than an immediate set of facts and is applicable to all inmates in a particular category is a rule
answer:
(B)