Read the following excerpt from a US court opinion:
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and fair evidentiary hearing are without merit. With regard to the questioning by the trial court, which Overton contends functioned as action from a “second prosecutor,” there was not any bias displayed by the trial court in favor of either the State or Overton. Instead, the court questioned witnesses to clarify certain points after both parties asked initial questions and also to gain further knowledge into background information with regard to the witnesses. As evidenced by the length of the evidentiary hearing, we conclude that the trial court’s refusal to rush through the evidentiary hearing and the decision to ask questions to ensure that all pertinent information was on the record helped facilitate a full and fair hearing here. See Sims v. State, 754 So.2d 657, 666 (Fla.2000) . Moreover, the trial court elicited
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing that a trial court can set aside verdict
B. holding that because defendant did not raise a newly discovered evidence claim or amend his postconviction motion after the evidentiary hearing the issue was not timely presented to the trial court and was not cognizable on appeal
C. holding that the trial court was without authority to set aside entry of default on motion to set aside default judgment
D. holding that the defendant was not deprived of a full and fair hearing on his postconviction motion by reasoning in part that the trial court set aside several days for the hearing
E. holding defendant may appeal order stemming from full restitution hearing even though motion for hearing filed ten days after sentencing
Reply with [A, B, C, D, E] only.