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.

to that extent. Reed, supra, at 17, 104 S.Ct. 2901. The holding in Cage represents a degree of novelty sufficient to constitute cause. As such, Mercer has established cause to avoid otherwise procedurally defaulting on his claim challenging the reasonable doubt instruction. Sufficient prejudice to establish federal habeas jurisdiction also exists. In particular, the Supreme Court has held that the Fifth Amendment requirement of proof beyond a reasonable doubt in criminal cases is so intertwined with the Sixth Amendment right to a jury verdict that a constitutionally deficient jury instruction cannot produce a guilty verdict comporting with due process but, rather, requires reversal of a conviction. Sullivan v. Louisiana, 508 U.S. 275, 277-80, 113 S.Ct. 2078, 124 L.Ed.2d 182 (1993) (<HOLDING>). It follows that a claimed Cage violation 
 Holding statements: (A) recognizing that where the error involved defies analysis by harmless error standards or the data is insufficient to conduct a meaningful harmless error analysis then the error will not be proven harmless beyond a reasonable doubt (B) holding exclusion was harmless error (C) holding that when defendant properly objects to charge error reversal required unless error was harmless (D) holding that any error was harmless and thus not plain error (E) holding a cage violation could never be held harmless error and thus not amenable to harmless error review but rather required outright reversal
(E)

that is so related structurally to another substance as to be theoretically derivable from it even when not so obtainable in practice (the methoxy of naphthalene).” Webster’s Int’l 608. Thus, while some of the general purpose dictionaries provide support for Defendant’s suggested definition for derivative, others define the term as proposed by Plaintiffs. Technical dictionaries can also assist claim construction by showing how those skilled in the art define “derivatives.” Moba v. Diamond Automation, Inc., 325 F.3d 1306, 1315 (Fed.Cir.2003) (“[A]s this court has repeatedly counseled, the best indicator of claim meaning is its usage in context as understood by one of skill in the art at the time of invention.”); Dow Chem. Co. v. Sumitomo Chem. Co., 257 F.3d 1364, 1373 (Fed.Cir.2001) (<HOLDING>). Here, again, the cited sources provide 
 Holding statements: (A) recognizing we must give insurance policy language its ordinary and generally accepted meaning unless the policy shows that the words used are intended to impart a technical or different meaning (B) holding that when a term is not defined in a contract the presumption is that the term is to be given its ordinary meaning and significance (C) holding that the specifications reference to a selector sufficed as one skilled in the art would have understood the term (D) holding a technical term used in a patent document is interpreted as having the meaning that it would be given by persons experienced in the field of the invention unless it is apparent from the patent and the prosecution history that the inventor used the term with a different meaning (E) holding that courts may consult scientific dictionaries and technical treatises to deter mine the ordinary meaning of a technical term to persons skilled in the art
(E)

United States v. Raddatz, 447 U.S. 667, 673-676, 100 S.Ct. 2406, 65 L.Ed.2d 424 (1980)). 7 . See also Morris v. Reynolds, 264 F.3d 38, 45-46 (2d Cir.2001) (discussing the AEDPA standard of review), cert. denied, 536 U.S. 915, 122 S.Ct. 2381, 153 L.Ed.2d 199 (2002). 8 . See also Sellan v. Kuhlman, 261 F.3d 303, 309-310 (2d Cir.2001). 9 . Moxley’s claim is based on clearly established federal law, i.e., Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). 10 . See also Overton v. Newton, 295 F.3d 270, 275 (2d Cir.2002). 11 . The prosecutor's reason for striking Patterson was the "prospective juror’s lack of significant employment experiences." R & R at 18; Tr. at 306-309. Such a basis is not inappropriate. See United States v. Tucker, 836 F.2d 334, 340 (7th Cir.1988) (<HOLDING>). 12 . Moxley failed to offer any evidence that 
 Holding statements: (A) holding that trial courts erroneous refusal to strike juror for cause impaired defendants statutory right to his allotted number of peremptory challenges (B) holding that is not the fact that a jury is all white or all black that violates batson rather it is the racially discriminatory use of peremptory challenges to strike jurors (C) holding that trial judges determination  that the prosecutors use of peremptory challenges to strike all four africanamerican venirepersons for lack of education and business experience was not pretextual  was not clearly erroneous (D) holding that batson applies to a prosecutors use of peremptory challenges regardless of whether the stricken juror is of the same race as the defendant (E) holding that pretext may be established by proving that prosecutors used their peremptory challenges to exclude africanamerican venirepersons for a given reason or reasons but then failed to apply the same reason or reasons to exclude similarly situated white venirepersons

(C)

