Read the following excerpt from a US court opinion:
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which was issued against Moore for possession of a controlled dangerous substance. The Warrant was apparently based on the detective’s observation of the substance in the jacket Moore had been seen wearing. Some time after Moore’s arrest, the substance found in Moore’s jacket tested negative for a controlled dangerous substance. A New Jersey Grand Jury voted no-bill against Moore for conspiracy, burglary, theft, and receiving stolen property. With regard to the second Warrant, Moore was found not guilty on a down-graded charge for failure to make lawful disposition of a controlled substance. Six months later Moore filed a complaint alleging various causes of action against several defen dants. Only Moore’s claim for malicious prosecution was allowed to proceed. The parties Cir.2007) ; see also LAR 3.4. Having concluded that
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What is the most suitable continuation to the opinion? Your options are:
A. holding that notice of appeal was not effectively taken where appeal was filed simultaneously with timely motion for reconsideration because when timely motion for reconsideration is filed a notice of appeal filed prior to disposition of the motion to reconsider has no effect
B. holding the court lacked jurisdiction where the defendant failed to file a notice of appeal on the attorneys fee issue because a supplemental notice of appeal is required for us to have jurisdiction over an attorneys fees issue that becomes final subsequent to the initial notice of appeal
C. holding that this court has jurisdiction when the appellant has filed a docketing statement indicating an intent to appeal a particular order within the time for filing an appeal
D. holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial
E. holding court had jurisdiction where the appellant filed a motion for leave to proceed on appeal without prepayment of costs or fees which evidenced an intent to appeal
Reply with [A, B, C, D, E] only.