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.
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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: to preserve evidence exists between a third party and another in the absence of a special relationship, such as one created by contract or statute. Id. Under that analysis, this court will need to consider the primary purpose of the third-party here, Giant Eagle. (2) “Duty” of a third-party employer to its employee Pennsylvania courts have not directly considered whether the existence of an employer/employee relationship creates a duty on the part of a third-party employer to preserve evidence of a work-related accident for a potential products liability suit by an employee. Courts in other jurisdictions have held that there is no such duty. See Wilson v. Beloit Corp., 725 F.Supp. 1056, 1058 (W.D.Ark.1989); Panich v. Iron Wood Prods. Corp., 179 Mich.App. 136, 445 N.W.2d 795, 797 (1989) (<HOLDING>); Koplin v. Rosel Well Perforators, Inc., 241 
 Holding statements: (A) holding that neither common law nor workers disability compensation act imposed affirmative duty on employer to preserve evidence which might be used in employees thirdparty liability action (B) holding that a claim did not arise under a workers compensation law when it stated a right to relief in tort and sought common law damages distinct from statutory compensation scheme (C) holding that thirdparty tortfeasor has right to contribution from employer up to amount of employers workers compensation liability (D) holding that prohibition may not be used to raise affirmative defense of workers compensation immunity (E) holding that no independent commonlaw duty exists on the part of an employer to preserve evidence for an employees potential civil action against third parties

Answer: (A)


Question: (emphasis added); see also Organized Village of Kake v. Egan, 369 U.S. 60, 66, 82 S.Ct. 562, 7 L.Ed.2d 573 (1962) (“[F]ishing rights are of vital importance to Indians in Alaska.”); Williams v. Babbitt, 115 F.3d 657, 664 (9th Cir.1997) (“[F]ishing ... is an integral and time-honored part of native subsistence culture.”); United States v. Alexander, 938 F.2d 942, 945 (9th Cir.1991) (“Many Alaska natives who are not fully part of the modern economy rely on fishing for subsistence. If their right to fish is destroyed, so too is their traditional way of life.”). As non-native populations have settled in Alaska’s rural expanses, subsistence fishing has also become a mainstay of Alaska’s non-native rural residents. Cf. Hoonah Indian Ass’n v. Morrison, 170 F.3d 1223, 1228 (9th Cir.1999) (<HOLDING>). Given the crucial role that navigable waters 
 Holding statements: (A) holding that the terms charges classifications and practices as used in section 152b of the communications act encompass a companys internal accounting and depreciation practices (B) holding that the lottery commission was not a person under the unfair practices act (C) recognizing that hecks favorable termination rule applies to all  1983 plaintiffs not just those in state custody (D) holding that discriminatory employment practices are cognizable under title ix (E) holding that anilca protects subsistence practices of all rural alaskans not just natives

Answer:
(E)