TASK DEFINITION: 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.
PROBLEM: judgment of the district court denying his petition for a writ of habeas corpus. We assume the parties' familiarity with the fac appealability on ineffective assistance of counsel, the "cause" Hernandez assigns for his procedural default, suggests that it intended to allow review of the procedural bar. However, even assuming that the district court wished this court to review its procedural bar finding or that we would grant a certificate of appealability on this issue, the correctness of the district court's central holding that there was no error, constitutional or otherwise in the state trial court's charge on intent is dispositive. The test for finding charge-based constitutional error is a strict one. See Cupp v. Naughten, 414 U.S. 141, 146, 94 S.Ct. 396, 38 L.Ed.2d 368 (1973) (<HOLDING>). We see no basis for finding a Fourteenth
Holding statements: (A) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error (B) holding that a trial court does not commit plain error unless the error is clear under current law (C) holding that any error was harmless and thus not plain error (D) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (E) holding that when defendant properly objects to charge error reversal required unless error was harmless

SOLUTION: (D)

PROBLEM: 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

SOLUTION: (E)

PROBLEM: Id. at 1049. Though we concluded that none of the factors on which the Upjohn court relied were present in National Farmers, our analysis in National Farmers adopted the factors set forth in Upjohn and applied them to determine whether the attorney-client privilege protected communications between a corporation's officers and employees and corporate counsel. Indeed, we adopted the Upjohn court's reasoning that the attorney-client privilege protects communications made to the attorney to enable him to give sound and informed legal advice. Nat'l Farmers, 718 P.2d at 1049 (citing Upjohn, 449 U.S. at 390-91, 101 S.Ct. 677); see also Gordon, 9 P.3d at 1123 (citing Upjohn, 449 U.S. at 390, 101 S.Ct. 677); Denver Post Corp. v. University of Colorado, 739 P.2d 874, 880-81 (Colo.Ct.App.1987) (<HOLDING>); Shriver v. Baskin-Robbins Ice Cream Co., 145
Holding statements: (A) holding that communications between the university of colorados counsel and former employees of the university concerning activities during their period of employment may be protected by the attorneyclient privilege under the rationale presented in upjohn but holding that the university waived the privilege by disclosing the documents (B) holding that the information is not protected by attorneyclient privilege (C) holding that an identity of interest existed between the university and one of its doctors because the university took steps to provide counsel for the doctor and required that all communications concerning the plaintiffs claim be sent to the universitys risk management attorney or to the doctors counsel (D) holding communications between corporate counsel and corporations employees made for the purpose of rendering legal advice protected by attorneyclient privilege (E) holding state university is not a person under 1983

SOLUTION:
(A)