With no explanation, chose the best option from "A", "B", "C" or "D". circumstances, under Section 13A-5-52 of the' Code of Alabama (1975), existed.' The jury, by its guilt-phase verdict, and the trial court, by its sentence, rejected Lopez’s testimony that Dunaway suffered from a severe mental disease or defect at the time he murdered James Patterson. Therefore, Dunaway’s contention that the trial court ‘made a determination’ he is mentally retarded is without merit. Rule 32.7(d), Ala. R.Crim. P. “Based on evidence from Dunaway’s trial and evidence presented at his evi-dentiary hearing, this Court finds that Dunaway is not mentally retarded. A review of' Dunaway’s trial testimony shows he was clear and articulate on the stand, even during a vigorous cross-examination by the prosecutor. See Clisby v. State of Alabama, 26 F.3d 1054, 1056 (11th Cir.1994) (<HOLDING>). Dunaway admitted he made up an alibi because

A: holding that it was error for the trial judge to answer a jurys question without giving defendants counsel an opportunity to be heard before the trial judge responded
B: holding that a defendant was not entitled to a relief under section 2255 when he asserted that the sentencing judge who was not the trial judge was influenced by the sentence imposed by the trial judge on a codefendant
C: holding that a trial judge has discretion to exclude evidence of pending charges and that where the defendant was given a full opportunity outside the presence of the jury to develop a foundation for bias but failed to do so the trial judge did not abuse its discretion
D: holding that dishys trial testimony gave the judge an opportunity to gauge roughly dishys intelligence
D.