Case Comments | Suffolk Law Review

Trusts—Trustee’s Decanting Power Derived from Irrevocable Trust Language—Morse v. Kraft, 992 N.E.2d 1021 (Mass. 2013)

Dec 19, 2014 | Archives, Case Comments, Number 4, Print Edition, Volume 47

A trustee’s discretion is generally constrained by statute, by the terms of the trust, and by the trustee’s fiduciary duty to act in the beneficiaries’ interests. When a trustee, acting within the scope of that discretion, distributes trust property into a new trust,...

Constitutional Law—Eleventh Circuit Holds True Threats Doctrine Analyzed Under Objective Standard—United States v. Martinez, 736 F.3d 981 (11th Cir. 2013)

Dec 19, 2014 | Archives, Case Comments, Number 4, Print Edition, Volume 47

Although the First Amendment generally bars government restrictions on speech based on message or viewpoint, the government may restrict certain categories of speech where the speech’s content imposes harm that “‘overwhelmingly outweigh[s]’ any First Amendment...

Evidence—Admitting Prior Conviction for Drug Possession in Later Prosecution for Drug Distribution is Reversible Error—United State v. Lee, 724 F.3d 968 (7th Cir. 2013)

Dec 19, 2014 | Archives, Case Comments, Number 4, Print Edition, Volume 47

In a criminal trial, Federal Rule of Evidence 404(b) (FRE 404(b)) prohibits the prosecution from using a defendant’s other crimes, wrongs, or bad acts to prove the defendant’s propensity to commit the charged offense. Courts, in their discretion, may admit other bad...