With no explanation, chose the best option from "A", "B", "C" or "D". a mental health worker held while Bowling was in jail, Bowling claimed that he "had no recollection of the day of the crime.” J.A. at 54 (Pet. Br. in Dist. Ct.). 2 . We note parenthetically that this argument was adopted by two justices of the Kentucky Supreme Court on Bowling's direct appeal. Bowling I, 873 S.W.2d at 182-85 (Leibson, J., dissenting). 3 . Under current Kentucky law, Bowling has the burden of proving EED; the government is not charged with proving its absence. See Wellman v. Commonwealth, 694 S.W.2d 696, 697 (Ky.1985). Bowling argues in his brief that the government should have had the burden of proving an absence of EED at trial. Bowling cites a recent Sixth Circuit case that granted habeas relief on such grounds. See Gall v. Parker, 231 F.3d 265, 288-91 (6th Cir.2000) (<HOLDING>), cert. denied, 533 U.S. 941, 121 S.Ct. 2577,

A: holding that the burden is on the defendant when the validity of the warrant is challenged
B: holding that the burden of proving lack of negligence is on the owner
C: holding that the kentucky supreme court erroneously put the burden on the defendant to show eed when it was actually the governments obligation to prove a lack of eed
D: holding that the burden is on the plaintiff
C.