In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
--------
Question: discretion. Commonwealth v. Collins, 598 Pa. 397, 957 A.2d 237, 272 (2008). As noted, discovery in death penalty collateral proceedings is permissible only upon leave of court, and only for good cause shown. Pa.R.Crim.P. 902(E)(2). “ ‘A showing of good cause requires more than just a generic demand for potentially exculpatory evidence.’ ” Collins, 957 A.2d at 272 (quoting Commonwealth v. Bryant, 579 Pa. 119, 855 A.2d 726, 750 (2004)). We agree with the Commonwealth that Elliott has failed to demonstrate that the PCRA court abused its discretion by denying Elliott’s request for additional discovery. Elliott has not identified any document that was withheld from him that would have been exculpatory, and his claims to the contrary constitute mere speculation. See Hanible, 30 A.3d at 484 (<HOLDING>); Commonwealth v. Carson, 913 A.2d at 261 
 Holding statements: (A) holding lack of prejudice to the defendant is not good cause (B) holding that the government is not required to present exculpatory evidence to the grand jury (C) holding that record must show that evidence is exculpatory for defendant to establish brady violation (D) holding that speculation that production of requested documents might reveal exculpatory evidence is insufficient to establish good cause for discovery (E) holding that conjecture that opportunity to review homicide file might yield exculpatory evidence is inadequate to demonstrate good cause for discovery

Answer: (E)


Question: The State Defendants also cite to cases from other circuits refusing to apply Ex Parte Young in suits challenging statutorily-created private rights of action. Okpalobi, 244 F.3d at 416-24; Children’s Healthcare is a Legal Duty, Inc. v. Deters, 92 F.3d 1412, 1416-17 (6th Cir.1996); see also Summit Med. Assocs., 180 F.3d at 1342. Their holdings are unsurprising given that no state officials were charged with enforcing those laws. However, in the case before me, certain state officials are expressly charged with enforcing the law. Indeed, the Eleventh and Sixth Circuits distinguished the cases before them from cases challenging penal laws enforceable by state officials, finding the latter suitable for application of Ex Parte Young. See Summit Med. Assocs., 180 F.3d at 1337-41 (<HOLDING>); Deters, 92 F.3d at 1416 n. 10 (distinguishing 
 Holding statements: (A) holding that the statute as applied violates the commerce clause (B) holding no error occurred in excluding portion of statement offered by defendant because the rejected portion of the conversation in no manner explains or modifies that portion of the conversation which came into evidence (C) holding that an offender convicted under the bestiality portion of the criminal sodomy statute does not have standing to challenge the constitutionality of die portion of the statute that criminalizes homosexual conduct (D) holding that clear language in one portion of a later may cause ambiguity in another portion to dissipate (E) holding that ex parte young applied to plaintiffs claims against the criminal portion of the statute

Answer: (E)


Question: to Miranda warnings. Moreover, the government agreed not to submit to the jury any statements that Ahmad Bey made at the interview and Ahmad Bey does not allege that the government broke their agreement. We can quickly dispose of Ahmad Bey’s remaining arguments. She argues that the district court should not have rejected her claim of privilege and allowed the government to call as witnesses the attorneys she hired to file her bankruptcy petitions. But information provided to an attorney in anticipation of a bankruptcy filing is not intended to be held in confidence and therefore is not privileged. United States v. White, 970 F.2d 328, 334 (7th Cir.1992); United States v. White, 950 F.2d 426, 430 (7th Cir.1991); see also United States v. Frederick, 182 F.3d 496, 500 (7th Cir.1999) (<HOLDING>). Ahmad Bey also argues that the government 
 Holding statements: (A) holding defendant liable for intended loss created by filing false tax return for someone else even though intended victim demonstrated to irs that tax return was bogus (B) holding that trial court properly refused to permit disclosure of privileged communications in part because use of the privileged information was not essential to the defense (C) holding that tax returns are privileged under the statutes that prohibited the tax board and employees from disclosing any information and this privilege should not be nullified by allowing third parties to obtain the information by demanding copies of the returns (D) holding that information furnished to preparer of tax return is not privileged (E) holding that intentional failure to file an information return is not a willful filing

Answer:
(D)