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.

Q: erred in denying without a hearing his claim that trial counsel were ineffective because they "were under a conflict of interest in this case because counsels' interest in spending the minimum amount of time on a case for which they were receiving no money conflicted with [Movant's] desire that his case be fully litigated and investigated.... " The State counters that the trial court did not clearly err in denying this claim because Movant failed to plead facts not refuted by the record demonstrating an actual conflict. To prevail on a claim of ineffective assistance of counsel based on a conflict of interest, a movant must show that an actual conflict of interest adversely affected counsel's performance. Conger v. State, 356 S.W.3d 217, 221 (Mo.App.E.D. 2011) (quotation omitted) (<HOLDING>). "In order to prove a conflict of interest,
Holding statements: (A) holding that the trial court abused its discretion in denying a motion to substitute counsel on the strength of gonzalezs sworn responses at the pleataking that no one was threatening him or forcing him to plead where the defendant alleged that his attorney forced him to plead guilty and threatened him if he did not take the plea (B) holding that defendant failed to plead sufficient facts and instructing the trial court to dismiss the plaintiff from the case (C) holding that right to appeal claim of ineffective assistance of counsel alleging that counsel failed to convey plea negotiations timely and adequately inform of consequences of pleading guilty to jury for sentencing waived because plea of guilty to jury was independent of and not supported by alleged ineffective assistance of counsel claims (D) holding no coercion where counsel told movant his conviction was likely because movant stated he understood full range of punishment and no one threatened him to plead guilty (E) holding that the movant failed to establish that plea counsel coerced him to plead guilty to avoid taking the case to trial

A: (E)
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Q: essential element of an elevated breath alcohol level. Consequently, he contends that the judge's ruling was essentially a determination that the exclusion of the BAT results left the State without sufficient proof to convict Defendant of the DWI charge, and that this constituted an adjudication of his innocence. Defendant also asserts that the judge's oral comments that he had "reasonable doubt" and that he found Defendant "not guilty" further indicate that the judge deliberated on the merits of the case and acquitted Defendant of the DWI charge. Defendant does not, however, argue that the judge expressly ruled that Defendant was acquitted of the charges, nor would the record support such an assertion. See County of Los Alamos v. Tapia, 109 N.M. 736, 741, 790 P.2d 1017, 1022 (1990) (<HOLDING>). {20} The State concedes that jeopardy
Holding statements: (A) recognizing that when a cause of action is reduced to a judgment the cause of action is merged into the judgment and thereafter only an action on the judgment exists (B) recognizing that an actual express judgment of acquittal precludes retrial regardless of any defects in the process leading to the judgment (C) holding that defects in service of process must be raised in preliminary objections (D) holding on summary judgment that an attorney who failed to timely file an answer leading to a default judgment was on notice that a malpractice claim might be filed against him (E) recognizing that an appeal from a final judgment permits an attack against any nonfinal order or ruling leading up to it

A: (B)
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Q: 158 cmt. m ("An unprivileged remaining on land in another's possession is a continuing trespass for the entire time during which the actor wrongfully remains."). The continuing presence of MCI's fiber optic cables on Browning's land therefore could give rise to a claim of continuing trespass, assuming that the original installation of the cables was tor-tious (which MCI denies). Nevertheless, even assuming that MCI committed a continuing trespass, any such claim was discharged by confirmation of MCI's plan of reorganization, due to the expansive scope of the Bankruptcy Code's definition of "claim" and Browning's failure to allege any relevant post-confirmation conduct or unforeseeable damages. It is well-established under Kansas law Co., 64 Kan. 403, 403, 67 P. 831, 833 (Kan.1902) (<HOLDING>). Whether Browning would have been required
Holding statements: (A) recognizing fundamental principle that utility rates are set for the future and not the past (B) recognizing that when a defendants negligence causes bodily injury the plaintiff can recover damages for past present and future medical expenses bodily injury and emotional distress (C) holding plaintiff must move before public interests are involved to bring suit for ejectment but allowing single action for past present and future damages (D) holding that prejudgment interest may properly be added to damage awards for past lost wages medical expenses that have been incurred and past pain and suffering but not future loss of earnings future medical expenses andor future pain and suffering (E) holding that debtor was liable to the commonwealth for past and future cleanup costs

A:
(C)
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