Teacher: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.
Teacher: Now, understand the problem? Solve this instance: "support[] a rule requiring trial judges to prescreen eyewitness evidence for reliability any time an identification is made under suggestive circumstances." Perry, 132 S. Ct. at 725. It held that "the Due Process Clause does not require a preliminary judicial inquiry into the reliability of an eyewitness identification when the identification was not procured under unnecessarily suggestive circumstances arranged by law enforcement." Id. at 730 (emphasis added). "The fallibility of eyewitness evidence does not, without the taint of improper state conduct, warrant a due process rule requiring a trial court to screen such evidence for reliability before allowing the jury to assess its creditworthiness." Id. at 728 (emphasis added); see also State v. Addison, 160 N.H. 792, 801-02 (2010) (<HOLDING>). We read Perry as confirming our conclusion in
Holding statements: (A) holding that the biggers analysis does not apply to either incourt or outofcourt identification in the absence of improper state action (B) holding that in the absence of some express indication from congress title vii does not apply to the military (C) holding that tolling does not apply to additional defendants who were not named in the class action (D) holding that in a diversity action a federal court must apply the law of the forum state (E) holding in conflict of laws analysis that it was proper to apply the law of the state of washington as to the measure of damages which involved the substantive rights of the parties
Student:
holding that in the absence of some express indication from congress title vii does not apply to the military