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.
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Question: are complete and present within the proscribed state statute of limitations. Id. at 393-94, 127 S.Ct. 1091. Plaintiff argues that because Wallace dealt with a false arrest and not a search and seizure, its analysis is inapplicable. (D.E. 8, Plaintiffs Response). However, the general rule of Wallace soundly applies to a search and seizure scenario, as noted by the Sixth Circuit and several Kentucky district courts. See Harper, 293 Fed. Appx. at 391 n. 1 ("Wallace also clarified that Heck does not delay the accrual of an otherwise complete and present cause of action when judgment in the plaintiffs favor 'would impugn an anticipated future conviction .... ' Harper's claims thus accrued on July 31, 2003, the date of the alleged illegal search and seizure."); Kenney, 2011 WL 1582125 at *6 (<HOLDING>); Lovins v. Hurt, No. 11-216-JBC, 2011 WL
Holding statements: (A) holding that a plaintiffs 1983 claim accrued on the date of the alleged illegal search and seizure (B) holding that a ruling on preindictment motion that search and seizure were legal collaterally estopped defendant from later moving to suppress evidence claiming that search and seizure were illegal (C) holding that section 1983 action for unlawful search and seizure accrued on dates of seizures rather than date on which state court declared the acts illegal (D) holding that the plaintiffs cause of action accrued on the date of the repealer statute not on the date the wrong occurred despite the federal courts ruling as to the statutes unconstitutionality (E) holding that the cause of action accrued on the date of sale

Answer: (A)

Question: Parker, we vacate the sentence and remand for resen-tencing. Nearly a month before trial, Parker opted to waive his right to counsel and elected to represent himself. At that time, the trial court conducted a Faretta inquiry and allowed Parker to represent himself throughout the trial. However, when the jury returned with the guilty verdict, the trial court proceeded immediately to sentencing without renewing the offer of counsel. In doing so, the trial court erred. "Once a defendant waives the right to counsel in a criminal case, the court must renew the offer of counsel at each subsequent critical stage of the proceedings, one of which is sentencing." Serrano v. State, 113 So.3d 895, 896 (Fla. 2d DCA 2012); see also Ingraham v. State, 32 So.3d 761, 768-69 (Fla. 2d DCA 2010) (<HOLDING>). Accordingly, we affirm the judgment, vacate
Holding statements: (A) holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage (B) holding postindictment lineup is critical stage of trial at which defendant is entitled to presence of counsel (C) holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel (D) recognizing that brooks protects against denial of counsel at a critical stage of his trial (E) holding that posttrial motion for new trial is critical stage requiring counsel or valid waiver

Answer: (C)

Question: Johnson, 503 U.S. 393, 112 S.Ct. 1386, 1389, 118 L.Ed.2d 39, 46 (1992); Butner v. United States, 440 U.S. 48, 54-55, 99 S.Ct. 914, 918, 59 L.Ed.2d 136, 141-42 (1979)). 24 . See In re Huffman, 204 B.R. 562, (Bankr.W.D.Mo.1997) ("Missouri law determines a creditor's right to a deficiency following the repossession of personal property secured by a properly perfected security interest."). 25 . In re Fleming, 339 B.R. at 724. 26 . Id. ("Section 1322(b)(2) of the Bankruptcy Code expressly permits modification of the [c]ar [creditor's] rights subject to the limitations set forth in Section 1325 of the Bankruptcy Code.") 27 . See Mo. Stat. Ann. 400.9-623 (providing that a debtor may redeem collateral up until the time the property is sold). 28 . See In re Knaus, 889 F.2d 773 (8th Cir.1989)
Holding statements: (A) holding that creditors failure to voluntarily turn over property lawfully seized prepetition constituted violation of automatic stay (B) holding judgment in violation of automatic stay void (C) holding that the denial of a motion to find a violation of the automatic stay was a final order (D) holding secured creditors refusal to turn over property of debtors estate to debtor upon demand constituted an exercise of control over such property in violation of automatic stay (E) holding refusal to turn over property seized prepetition constituted violation of stay once notice of the stay had been given

Answer:
(A)