Beck v. Missouri

interpreting Barrowclough v. Kidder, Peabody & Co., Inc., 752 F.2d 923 (3d Cir.1985) | listing citations and stating the general principle that " ‘[a] statutory time period is not mandatory unless it both expressly requires an agency or public official to act within a particular time period and specifies a consequence for failure to comply with the provision' ” | Commonwealth does not violate disclosure requirements of Brady by failing to disclose evidence that it does not have and of which it is not aware | Commonwealth does not violate disclosure requirements of Brady by failing to disclose evidence that it does not have and of which it is not aware | Commonwealth does not violate disclosure requirements of Brady by failing to disclose evidence that it does not have and of which it is not aware | Commonwealth does not violate disclosure requirements of Brady by failing to disclose evidence that it does not have and of which it is not aware | testimony of appellant’s involvement in drug trafficking admissible to show relationship among parties involved in murder | prospective juror was properly excluded where juror’s testimony established an irrevocable commitment to vote against the death penalty | evidence of defendant’s drug dealing with victim’s brother, who had motive for murder, relevant to show previous relationship between parties | investigatory delay, if reasonable, does not violate due process, even if a defendant is actually prejudiced in the preparation of his defense as a result of the delay | ”[T]here must be independent evidence — besides the mere invocation of the privilege — upon which to base the negative inference.” | defined contribution plan denied reversion on basis of language stating "contributions made by Company hereunder may not, under any circumstances, revert to the Company" | defendant breached its fiduciary duty “by failing to administer the Plan in accordance with the governing documents” | defined contribution plan denied reversion on basis of language stating "contributions made by Company hereunder may not, under any circumstances, revert to the Company” | where there was extensive evi dence presented against defendant, prosecutor’s statement in Ms opemng that he would show the defendant attempted to flee when arrested was not rendered improper by the fact that prosecutor chose not to present that evidence | reforming unilaterally-drafted plan that contradicted pension part of CBA | nineteen-year old shot and killed elderly couple; life sentence | nineteen-year old shot and killed elderly couple; life sentence | no error since Commonwealth disclosed all witnesses