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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: proceeding"). Here, the only evidence that th .Crim.App.2000) (stating, in motion to suppress context, "[T]he judge may believe or disbelieve all or any part of a witness's testimony, even if that testimony is not controverted"). Appellant's and Sanchez's after-the-fact, out-of-court averrals about appellant's ability to understand the proceedings and waivers he signed were untimely factual statements in appellant's self-interest. Even though the State did not offer affidavits to controvert appellant's and Sanchez's affidavits, it was within the trial court's discretion to disbelieve the assertions contained in those affidavits that appellant does not read or speak English. See Charles, 146 S.W.3d at 210; Shanklin, 190 S.W.3d at 167; see also Phuong Anh Thi Le, 300 S.W.3d at 327 (<HOLDING>). The trial court, and not this Court, is in
Holding statements: (A) holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record (B) holding that in reviewing trial courts ruling on habeas corpus petition reviewing court must defer to all of trial courts implied factual findings supported by record (C) recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous (D) holding that as long as the findings are supported by substantial evidence the board must defer to the hearing committees credibility determinations because they are subsidiary findings of basic facts (E) holding that appellate court must defer to all implied factual findings supported by record
[EX A]: holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record

[EX Q]: that it can be restored, as when a house suffers smoke and water damage in a fire, the tort-feasor is liable for the costs of restoring the property to its former condition, up to the total value of the property. Applying these rules to fire-damaged trees is problematic. Is it the loss of the tree that is permanent, or the loss to the real estate? A tree that has burned and is dead is permanently destroyed, but the land on which the tree was located can be restored, either immediately by bringing in a fully grown tree or by planting a sapling. The question of "permanent" versus "temporary" damage is ultimately less helpful than the question of how the trees were used and their intrinsic value to the property. See, e.g., Mosteller v. Naiman, 416 N.J. Super. 632, 638, 7 A.3d 803 (2010) (<HOLDING>). One legal encyclopedia explains the use-value
Holding statements: (A) recognizing that quantifying damages for trees is a complex subject that depends upon the evidence in the particular case (B) holding that suppression of secondary evidence depends on whether the police obtained the evidence through an exploitation of the prior illegality (C) recognizing that moving to the second stage of the saucier analysis is appropriate when the existence of a constitutional violation depends upon the resolution of uncertain state law (D) holding that the question whether section 3553b permits departure in some particular case is subject to plenary review (E) holding that the denial of due process in a particular case is subject to harmless error analysis
[EX A]: holding that suppression of secondary evidence depends on whether the police obtained the evidence through an exploitation of the prior illegality

[EX Q]: code, Appellants here "do[ ] not seek an advisory opinion that [their] proposed actions would not be criminal." Total Vending Svc., 153 Ga. App. at 111. Instead, Appellants seek a determination of whether licensed individuals may carry a weapon on the grounds of the Garden in accordance with OCGA 16-11-127 (c). See Total Vending, 153 Ga. App. at 111. Further, Appellants' requested relief is not premised on mere speculation that the Garden will enforce its weapons ban; Evans, who holds a membership with the Garden, had already been asked to leave the premises of the Garden and was escorted from the property by law enforcement. Importantly, however, there is no allegation here that criminal conduct has been accomplished. See Osborne v. State, 290 Ga. App. 188 (665 SE2d 1) (2008) (<HOLDING>). Accordingly, Appellants' request for
Holding statements: (A) holding dollar amount is not an essential element (B) holding that damage to the property of another is an essential element of the offense of criminal mischief (C) recognizing that an essential element of criminal trespass is a showing that entry onto the premises had previously been expressly forbidden (D) holding that the nonmovant must make a showing sufficient to establish the existence of an element essential to that partys case (E) holding that causation is an essential element in failure to warn claim
[EX A]:
holding dollar amount is not an essential element