Read the following excerpt from a US court opinion:
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every reasonable presumption should be indulged against its waiver.”); see also College Sav. Bank v. Fla. Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666, 681-82, 119 S.Ct. 2219, 2229, 144 L.Ed.2d 605 (1999) (recognizing in different context that “[cjonstructive consent is not a doctrine commonly associated with the surrender of constitutional rights”); Commodity Futures Trading Comm’n v. Schor, 478 U.S. 833, 848, 106 S.Ct. 3245, 3255, 92 L.Ed.2d 675 (1986) (recognizing that “Article Ill’s guarantee of an impartial and independent federal adjudication is subject to waiver, just as are other personal constitutional rights that dictate the procedures by which civil and criminal matters must be tried.”); RDO Fin. Servs. Co. v. Powell, 191 F.Supp.2d 811, 813 (N.D.Tex.2002) . The Texas Supreme Court’s recognition in In
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing that courts will indulge in every reasonable presumption against waiver of the constitutional right to trial by a jury
B. holding prelitigation waiver of jury trial must be made knowingly and voluntarily and courts will indulge in every reasonable presumption against a waiver of that right
C. recognizing that courts must indulge every reasonable presumption against a testimonial waiver of the fifth amendment privilege
D. holding that jury waiver stating that it was made knowingly and voluntarily raised presumption of same and that burden was on party challenging enforceability of jury waiver to present evidence overcoming presumption
E. holding defendant was not entitled to jury instructions on lesserincluded offenses because his request did not constitute a waiver of the statute of limitations on those offenses such a waiver must be knowingly intelligently and voluntarily made
Reply with [A, B, C, D, E] only.