Case Comments | Suffolk Law Review

Criminal Law—Supreme Judicial Court of Massachusetts Fails to Require Statistical Analysis for Nonexclusion DNA Test Results—Commonwealth v. Mattei, 920 N.E.2d 845 (Mass. 2010)

Oct 11, 2011 | Case Comments, Number 3, Print Edition, Volume 44

Massachusetts grants judges broad discretion when determining the relevancy of evidence. The Massachusetts Guide to Evidence Section 403 (Section 403) states that relevant evidence is admissible unless the trial judge believes the probative value of the evidence is...

Criminal Law-Fourth Circuit Holds Retroactive Application of Federal Sentencing Guidelines Amendments Violates Ex Post Facto Clause-United States v. Lewis, 606 F.3d 193 (4th Cir. 2010)

Oct 8, 2011 | Case Comments, Number 3, Print Edition, Volume 44

The Ex Post Facto Clause of the United States Constitution prohibits retroactive laws that alter the definition of or increase the penalty for a criminal offense. Accordingly, the use of amended sentencing guidelines at the time of sentencing, which call for a...

Constitutional Law—Constitutional Rights of Parents Do Not Require Showing of Unfitness in Third Party Cases—Kulstad v. Maniaci, 220 P.3d 595 (Mont. 2009)

Oct 8, 2011 | Case Comments, Number 3, Print Edition, Volume 44

The United States Constitution and the Montana Constitution protect a natural parent’s fundamental right to parent his or her children. Courts have, however, differed in defining the extent of that right and the protection it affords the natural parent in relation to...

Civil Procedure–In-Forum Injury May Constitute Forum Contact for Relatedness Prong of Specific Jurisdiction Inquiry–Astro-Med, Inc. v. Nihon Kohden America, Inc., 591 F.3d 1 (1st Cir. 2009)

Oct 8, 2011 | Case Comments, Number 3, Print Edition, Volume 44

To properly exercise specific jurisdiction over a nonresident defendant, due process requires that the defendant have certain minimum contacts with the forum, such that it would be fair to hale him into court there to defend against a claim related to those contacts....