Read the following excerpt from a US court opinion:
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298 Minn. at 454, 215 N.W.2d at 610. “[E]aeh case must be decided upon its own facts.” Id. Although the United States Supreme Court has avoided establishing clear-cut guidelines as to what constitutes manifest necessity, federal case law has set forth certain criteria upon which a court’s discretion can be measured. The manifest necessity standard “is a flexible standard which seeks fairness to the defendant, the government, and the public interest alike.” United States v. Givens, 88 F.3d 608, 613 (8th Cir.1996). In reviewing a trial court’s exercise of discretion and in determining whether the mistrial was manifestly necessary, one thing we consider is whether the court adequately assessed less drastic alternatives. See United States v. Dixon, 913 F.2d 1305, 1311 (8th Cir.1990) . We also look to see whether the court gave
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What is the most suitable continuation to the opinion? Your options are:
A. holding that consultation with counsel and consideration of available alternatives are consistent with exercise of sound discretion
B. recognizing that agencies have discretion to identify the range of reasonable alternatives
C. holding that the decision to transfer rests within the sound discretion of the court
D. holding failure to exercise discretion is abuse of discretion
E. holding that motions to vacate a judgment are addressed to the sound discretion of trial justice
Reply with [A, B, C, D, E] only.