Read the following excerpt from a US court opinion:
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became the only state that requires preser vation of a second breath sample. Because only one state requires this, according to the State, only one manufacturer makes the instrument that captures and preserves a breath sample, and only one company makes the silica gel tubes used for capturing samples. The State also asserts that the second breath sample requirement has prevented New Hampshire “from staying current with emerging technology,” such as models that test each of a subject’s breath samples with two different technologies. For all of these reasons, the State contends that requiring the capture and preservation of a suspect’s breath sample for independent testing is no longer required by due process. See Moss v. Superior Court, 857 P.2d 400, 404-05 (Ariz. Ct. App. 1993) , review denied, 868 P.2d 318 (Ariz. 1994). We
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What is the most suitable continuation to the opinion? Your options are:
A. holding that neither the due process clause nor the equal protection clause of the fourteenth amendment require the appointment of counsel on a petition for discretionary review to a state supreme court
B. holding that jury trial in civil cases is not so fundamental to the american system of justice as to be required of state courts by due process
C. holding that when neither the petitioners state court briefs nor the state courts decision made any reference to any federal constitutional claim or cited any federal constitutional cases the lack of fundamental error found by the state court was a lack of fundamental error under arizonas state constitution
D. holding that to declare a denial of due process we must find a denial of fundamental fairness
E. holding that because of the reliability and accuracy of the model used by the state to test breath samples neither due process nor fundamental fairness required the state to provide defendants with breath samples
Reply with [A, B, C, D, E] only.