TASK DEFINITION: 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.
PROBLEM: offense; the maximum sentence is 10 years for each offense, which must run concurrently under Hale. By enhancing only one count and running it consecutively to the second count, appellant was sentenced to 12 years. This sentence exceeds the statutory maximum if both sentences had been enhanced under section 775.084 and run concurrently, or if neither had been enhanced and run consecutively. As such the appellant's sentence violates Hale. Although appellant was not sentenced to the mandatory minimum of 5 years for the second offense, as explained in State v. Hill, 660 So.2d 1384 (Fla.1995), the requirement that sentences run consecutively is not limited to only the minimum mandatory portion of. a total sentence: The State argues that Hale and its predecessors, Palmer v. State A 1997) (<HOLDING>). Here appellant was sentenced as an habitual
Holding statements: (A) holding that a district court commits reversible error when it sentences a defendant to less than the statutory minimum where no exception to the mandatory minimum applies (B) holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory (C) holding fifteen year hfo mandatory minimum sentences on the three robbery convictions were required to run concurrently with the twentyfive year nonhfo mandatory minimum on the murder sentence (D) holding hfo mandatory minimum sentence for robbery must run concurrently with sentences imposed for nonhfo first degree murder convictions (E) holding that the fifteen year minimum sentence imposed under section 924e does not violate the eighth amendment

SOLUTION: holding that a district court commits reversible error when it sentences a defendant to less than the statutory minimum where no exception to the mandatory minimum applies

PROBLEM: the justifiable use of deadly force to specific circumstances, such as when the actor "reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another." Id. 776.012(1). As discussed at length above, Lieutenant Weippert's conduct was objectively reasonable and he had probable cause to believe that Mr. Penley posed a threat of great bodily harm to the lieutenant and others. Even when viewed in the light most favorable to the Penleys, the evidence reveals no genuine issues of material fact as to whether Lieutenant Weippert's use of force was reasonably necessary. Under Florida law, Lieutenant Weippert had no duty to retreat and his use of force was justifiable. See State v. Rivera, 719 So.2d 335, 337-38 (Fla. 5th DCA 1998) (<HOLDING>); see also Davis v. Williams, 451 F.3d 759, 768
Holding statements: (A) holding that instruction on use of deadly force was required where complainant was armed with a coke bottle (B) holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded (C) holding that after being chased by a carfull of angry men it would have been reasonable for mr rivera a private citizen to believe that deadly force was necessary even if only a single unarmed pursuer had approached his nowstopped car because the pursuer and his friends had already threatened riveras life and the lives of other innocent people by engaging in a highspeed chase and throwing deadly missiles namely a bottle of soda and a can of tuna (D) holding that apprehension by the use of deadly force is a seizure (E) holding that instruction on use of deadly force was required where appellant was aware of the decedents violent history decedent had a gun in his car and appellant used force only after decedent had made an attempt to approach his car

SOLUTION: holding that instruction on use of deadly force was required where complainant was armed with a coke bottle

PROBLEM: recall who told him. When he was arrested he said, "I guess Evelyn told you." Finally, he told Tony Bone about beating someone with an ax handle. These are only the highlights of the evidence, and although they are circumstantial, when viewed as a whole, a reasonable conclusion is that Schreiber murdered Terry. For this reason, Schreiber has not established prejudice, and his ineffective assistance claims in his 2254 petition must be denied. IV. INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL Schreiber asserts that his appellate counsel was ineffective for failing to assert each of the claims noted and evaluated above. Because none of the claims had merit, Schreiber's appellate attorney was not ineffective for failing to bring them. See Clark v. Groose, 16 F.3d 960, 963 (8th Cir.1994) (<HOLDING>). CONCLUSION For the reasons detailed above,
Holding statements: (A) holding trial counsel was not ineffective for failing to pursue a meritless issue (B) holding that an attorney is not ineffective for failing to make a meritless objection (C) holding that counsel cannot be deemed ineffective for failing to raise a meritless claim (D) holding that counsel was not deficient in failing to present a meritless argument (E) holding that counsel cannot be deemed ineffective for failing to pursue a meritless claim

SOLUTION:
holding trial counsel was not ineffective for failing to pursue a meritless issue