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.

... 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
(B)

Respondents reversed their position at oral argument) that once subsection four applies, subsection one no longer governs. The parties do dispute the meaning of the word "claimant" in subsection four. Under the plurality's view, as Chief Justice Eismann points out in the Gillihan II dissent, the word "claimant" in subsection four must be synonymous with the idea of "prevailing party." This is because, in order for the word "claimant" in subsection four to refer to either the defendant or plaintiff, it must also signify that such a defendant or plaintiff has prevailed in the personal injury action, since losing parties do not recover attorney fees under Idaho law. See Gillihan II at 271, 92 P.3d at 521 (Eismann, J., concurring in disse 53 Idaho 200, 201, 23 P.2d 739, 740 (1933) (<HOLDING>); In re Segregation of School Dist. No. 58 from
Holding statements: (A) holding elimination of provisions prior to passage of bill requiring a certificate of convenience and necessity indicates legislature intentionally omitted such provisions (B) holding that statutory notice provisions for notice of default and opportunity to cure were waived by provisions of note as to one obligor though provisions applied to coobligor who used property as residence (C) holding that the hearing provisions of the ina supersede the provisions of the apa (D) holding predecessor statute unconstitutional specifically because of vicariousliability provisions elimination of intent requirement (E) holding that such provisions are valid
(A)

of the proposed amendment or attach a copy of the proposed amendment." See Long v. Satz, 181 F.3d 1275, 1279 (11th Cir.1999). This district's local rules require that a "motion for leave to file an amended pleading shall be accompanied by an original of the proposed amended pleading as amended." LCvR 7(i). The defendants have met this requirement by lodging a pr uments that stem from the plaintiff's assertion that the DOT is not the proper defendant to this action. 6 . Furthermore, the fact that res judicata "belongs to courts as well as to litigants" renders moot the plaintiffs argument that the defendants are barred from asserting res judicata here because they failed to do so in the Court of Federal Claims action. Stanton v. D.C. Court of Appeals, 127 F.3d 72, 77 (D.C.Cir.1997)
Holding statements: (A) recognizing that in the interest of judicial economy res judicata may properly be raised by a district court sua sponte particularly where both actions are brought in the courts of the same district (B) holding that the court can raise res judicata sua sponte even on appeal (C) holding lack of subjectmatter jurisdiction is fundamental error that this court may properly raise and recognize sua sponte (D) holding that a court can raise the issue of res judicata sua sponte in order to affirm a grant of summary judgment (E) holding that a district court has the discretion to raise a 2254 timeliness consideration sua sponte
(B)