NJ Laws Email Newsletter E256
Kenneth Vercammen, Attorney at Law September 26, 2007
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In This Issue
_______________
1. Police immune in high speed chase. Scott v. Harris US Supreme Court 05-1631
2. Carnegie Center 5K for The Parkinson Alliance Saturday September 29
3. Wills & Elder Law Seminar Middlesex County College, Professional & Community Programs Monday, October 15, 2007 7 - 9 P.M.
4. Upcoming Events
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NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
1. Police immune in high speed chase. Scott v. Harris US Supreme Court 05-1631.
Deputy Timothy Scott, petitioner here, terminated a high-speed pursuit of respondent's car by applying his push bumper to the rear of the vehicle, causing it to leave the road and crash. Respondent was rendered quadriplegic. He filed suit under 42 U.S.C. 1983 alleging, inter alia, the use of excessive force resulting in an unreasonable seizure under the Fourth Amendment. The District Court denied Scott's summary judgment motion, which was based on qualified immunity. The Eleventh Circuit affirmed on interlocutory appeal, concluding, that Scott's actions could constitute "deadly force" under Tennessee v. Garner; that the use of such force in this context would violate respondent's constitutional right to be free from excessive force during a seizure; and that a reasonable jury could so find. The Court held that because the car chase respondent initiated posed a substantial and immediate risk of serious physical injury to others, Scott's attempt to terminate the chase by forcing respondent off the road was reasonable, and Scott is entitled to summary judgment.
2. Carnegie Center 5K for The Parkinson Alliance Saturday September 29
101 Carnegie Center Parking Lot West Windsor, New Jersey
Join us for the Carnegie Center 5K and one-mile fun run. Walkers and families are welcome. Food and refreshments will be served, and t-shirts will be given away (while supplies last). Awards to age-category and group team winners: 1st, 2nd, and 3rd place. There are water stops along the relatively flat course. Baldasari and Leestma timers; USATF Certified Course, Sanction Race; USATF-NJ Grand Prix Event: 500 points.
5K
Registration: 7:30am-9:15am
Start Time: 9:30
We are putting together a team for this event. When you register, for the team section, write in RVRR- Vercammen. Speed not important, just finish a 3.1 mile race.
http://www.parkinsonalliance.org/events.php?ID=4
3. Wills & Elder Law Seminar
WHERE: Middlesex County College, Professional & Community Programs
WHEN: Monday, October 15, 2007 7 - 9 P.M.
SPEAKER: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
- So you don't have a Will. You won't live forever and you can't take it with you. What should you do?
Main Topics:
1. Wills and the 2006 changes to the NJ Probate Law
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Estate Planning
6. Revocable Trusts/ Irrevocable Trusts
7. Federal HIPAA Regulations on release of medical info
8. Federal Estate Tax
9. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.njlaws.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.
Call for information 732-906-2556 to register by phone
$15 registration fee payable to Professional & Community Programs
About the Speaker: Kenneth Vercammen is an Elder Law and Litigation Attorney in Edison, NJ. He often lectures for the American Bar Association and New Jersey State Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published 125 articles in national and New Jersey publications on legal topics. He speaks as a volunteer on Wills and Elder law to Adult Community Schools and non profit groups including Edison, Metuchen, Woodbridge, East Brunswick, North Brunswick, South Brunswick, Piscataway, Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey's most popular Elder law website on the Internet to provide information on Probate, Elder Law and Traffic matters located at www.njlaws.com
4. Upcoming Events
Oct. 6 Metuchen Fair- 10-4
Oct. 29 Biz Mania 1:30 -4
Thank you for reading our newsletter! God Bless America USA #1
Our new law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Wednesday, September 26, 2007
Tuesday, September 18, 2007
NJ Laws Email Newsletter E255 September 10, 2007
NJ Laws Email Newsletter E255
Kenneth Vercammen, Attorney at Law
September 10, 2007
In This Issue
_______________
1. September 11th, 2007, an American flag should be displayed outside every home, apartment, office, and store in the United States
2. Recent cases- Threatening statements by defendant against witness not admissible.
3. Judge cannot issue warrant if they know the defendant.
4. No judicial notice of prior domestic violence dismissal in criminal assault case.
5. Bishop George Ahr/St. Thomas Aquinas 1st Annual Cross Country Classic for alumni and family.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings,
1. September 11th, 2007, an American flag should be displayed outside every home, apartment, office, and store in the United States.
Please join us in this FLY THE FLAG campaign and PLEASE forward this email immediately to everyone in your address book asking them to also forward it. We have a little less than one week and counting to get the word out all across this great land and into every community in the United States of America. If you forward this email to least 11 people and each of those people do the same...you get the idea.
THE PROGRAM IS THIS:
On Tuesday, September 11th, 2007, an American flag should be displayed outside every home, apartment, office, and store in the United States. Every individual should make it their duty to display an American flag on this anniversary of our country's worst tragedy. We do this in honor of those who lost their lives on 9/11, their families, friends and loved ones who continue to endure the pain, and those who today are fighting at home and abroad to preserve our cherished freedoms.
In the days, weeks and months following 9/11, our country was bathed in American flags as citizens mourned the incredible losses and stood shoulder-to-shoulder against terrorism. Sadly, those flags have all but disappeared. Our patriotism pulled us through some tough times and it shouldn't take another attack to galvanize us in solidarity. Our American flag is the fabric of our country and together we can prevail over terrorism of all kinds.
Action Plan: So, here's what we need you to do...
(1) Forward this email to everyone you know (at least 11 people). Please don't be the one to break this chain. Take a moment to think back to how you felt on 9/11 and let those sentiments guide you.
(2) Fly an American flag of any size on 9/11.
Honestly, Americans should fly the flag year-round, but if you don't, then at least make it a priority on this day.
Thank you for your participation.
God Bless You and God Bless America.
2. Recent cases- Threatening statements by defendant against witness not admissible. State v. Byrd 393 N.J. Super. 218 (App. Div. 2007)
At trial, the inculpatory statement of a non-testifying State witness was admitted through the testimony of a police detective, the judge having determined that both defendants had forfeited their Sixth Amendment right of confrontation when they procured the witness's silence by threatening him with bodily harm. The court reversed the convictions concluding that for the statement to have been admissible, the statement must also fall within one of the exceptions to the hearsay rule of preclusion, or be admissible by other law, N.J.R.E. 802. The New Jersey Rules of Evidence, contrary to the Federal Rules do not contain a forfeiture-by-wrongdoing hearsay exception permitting admission of the statement. N.J.R.E. 804(b). Although courts in a number of jurisdictions without a codified hearsay exception have adopted the forfeiture-by-wrongdoing doctrine through judicial decision, the court declined to do so determining that such change in the Rules of Evidence should be accomplished by the Supreme Court in accordance with the procedure prescribed in N.J.S.A. 2A:84A-38 and -39, rather than by judicial opinion.
3. Judge cannot issue warrant if they know the defendant. State v. McCann 391 N.J. Super. 542 (App. Div. 2007)
A municipal court judge who issued a search warrant for defendant's residence had a prior attorney-client relationship with defendant and with other members of his family over a period of many years. The Law Division granted defendant's motion to suppress, finding that the judge was not the constitutionally required "neutral and detached magistrate." The court agreed that the judge should not have issued the warrant, concluding that the appearance of impropriety was objectively reasonable and required the judge's recusal. The judge knew or should have known that the person identified in the warrant application was his former client. However, the court accorded its holding prospective effect only, concluding that suppression was not warranted in this case where defendant made no assertion of possible bias on the part of the judge and the court's decision established a new rule of law, as follows: In the future, if a defendant makes a particularized and credible assertion of facts which objectively suggest an appearance of partiality on the part of the judge issuing a search warrant, based on a prior relationship or otherwise, a "bright-line" rule invalidating the search warrant will be applicable.
4. No judicial notice of prior domestic violence dismissal in criminal assault case. State v. Silva __ N.J. Super. __ A-2332-06T5 6/29/07
On interlocutory review, the court reversed a trial judge's judicial notice, in a criminal trial, of another judge's factual finding in a related domestic violence proceeding.
5. Bishop George Ahr/St. Thomas Aquinas 1st Annual Cross Country Classic for alumni and family
Date: Sunday, September 16, 2007
Location: Bishop Ahr High School
Course: 3.1 mile BGA cross country course held on Bishop Ahr property
Time: 11:00 am to 2:00 pm
- Registration begins at 11:00 am
- Opening Prayer will begin at 11:30 am
Awards: Top 3 places in each group
Races scheduled:
- BGA Alumni Men and Women: Age groups -
Junior alumni division: 18 to 29, Senior alumni division: 30 and up
- Two Mile Walk Race on the track for Adults Only
- Parochial Grade 5 thru 8-boys & girls
- Lollipop race for ages 5 and under for alumni family and friends
Cost: $10.00 pre-registration/includes t-shirt and entry for 1 race. Alumni children free for each alumnus who registers to run by September 1st, 2007
$ 15.00 post-registration - on the day of race
Mail entries to: Ms. Yancy Munoz, Assistant Athletic Director
Bishop Ahr High School
One Tingley Lane, Edison, NJ 08820
For any inquiries contact: ymunoz@bgahs.org, to download entry form,
http://www.bgahs.com/apps/news/show_news.jsp?REC_ID=37793&id=0&rn=1592161
Concession stand will be open!
Thank you for reading our newsletter! God Bless America USA #1
Our new law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law
September 10, 2007
In This Issue
_______________
1. September 11th, 2007, an American flag should be displayed outside every home, apartment, office, and store in the United States
2. Recent cases- Threatening statements by defendant against witness not admissible.
3. Judge cannot issue warrant if they know the defendant.
4. No judicial notice of prior domestic violence dismissal in criminal assault case.
5. Bishop George Ahr/St. Thomas Aquinas 1st Annual Cross Country Classic for alumni and family.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings,
1. September 11th, 2007, an American flag should be displayed outside every home, apartment, office, and store in the United States.
Please join us in this FLY THE FLAG campaign and PLEASE forward this email immediately to everyone in your address book asking them to also forward it. We have a little less than one week and counting to get the word out all across this great land and into every community in the United States of America. If you forward this email to least 11 people and each of those people do the same...you get the idea.
THE PROGRAM IS THIS:
On Tuesday, September 11th, 2007, an American flag should be displayed outside every home, apartment, office, and store in the United States. Every individual should make it their duty to display an American flag on this anniversary of our country's worst tragedy. We do this in honor of those who lost their lives on 9/11, their families, friends and loved ones who continue to endure the pain, and those who today are fighting at home and abroad to preserve our cherished freedoms.
In the days, weeks and months following 9/11, our country was bathed in American flags as citizens mourned the incredible losses and stood shoulder-to-shoulder against terrorism. Sadly, those flags have all but disappeared. Our patriotism pulled us through some tough times and it shouldn't take another attack to galvanize us in solidarity. Our American flag is the fabric of our country and together we can prevail over terrorism of all kinds.
Action Plan: So, here's what we need you to do...
(1) Forward this email to everyone you know (at least 11 people). Please don't be the one to break this chain. Take a moment to think back to how you felt on 9/11 and let those sentiments guide you.
(2) Fly an American flag of any size on 9/11.
Honestly, Americans should fly the flag year-round, but if you don't, then at least make it a priority on this day.
Thank you for your participation.
God Bless You and God Bless America.
2. Recent cases- Threatening statements by defendant against witness not admissible. State v. Byrd 393 N.J. Super. 218 (App. Div. 2007)
At trial, the inculpatory statement of a non-testifying State witness was admitted through the testimony of a police detective, the judge having determined that both defendants had forfeited their Sixth Amendment right of confrontation when they procured the witness's silence by threatening him with bodily harm. The court reversed the convictions concluding that for the statement to have been admissible, the statement must also fall within one of the exceptions to the hearsay rule of preclusion, or be admissible by other law, N.J.R.E. 802. The New Jersey Rules of Evidence, contrary to the Federal Rules do not contain a forfeiture-by-wrongdoing hearsay exception permitting admission of the statement. N.J.R.E. 804(b). Although courts in a number of jurisdictions without a codified hearsay exception have adopted the forfeiture-by-wrongdoing doctrine through judicial decision, the court declined to do so determining that such change in the Rules of Evidence should be accomplished by the Supreme Court in accordance with the procedure prescribed in N.J.S.A. 2A:84A-38 and -39, rather than by judicial opinion.
3. Judge cannot issue warrant if they know the defendant. State v. McCann 391 N.J. Super. 542 (App. Div. 2007)
A municipal court judge who issued a search warrant for defendant's residence had a prior attorney-client relationship with defendant and with other members of his family over a period of many years. The Law Division granted defendant's motion to suppress, finding that the judge was not the constitutionally required "neutral and detached magistrate." The court agreed that the judge should not have issued the warrant, concluding that the appearance of impropriety was objectively reasonable and required the judge's recusal. The judge knew or should have known that the person identified in the warrant application was his former client. However, the court accorded its holding prospective effect only, concluding that suppression was not warranted in this case where defendant made no assertion of possible bias on the part of the judge and the court's decision established a new rule of law, as follows: In the future, if a defendant makes a particularized and credible assertion of facts which objectively suggest an appearance of partiality on the part of the judge issuing a search warrant, based on a prior relationship or otherwise, a "bright-line" rule invalidating the search warrant will be applicable.
4. No judicial notice of prior domestic violence dismissal in criminal assault case. State v. Silva __ N.J. Super. __ A-2332-06T5 6/29/07
On interlocutory review, the court reversed a trial judge's judicial notice, in a criminal trial, of another judge's factual finding in a related domestic violence proceeding.
5. Bishop George Ahr/St. Thomas Aquinas 1st Annual Cross Country Classic for alumni and family
Date: Sunday, September 16, 2007
Location: Bishop Ahr High School
Course: 3.1 mile BGA cross country course held on Bishop Ahr property
Time: 11:00 am to 2:00 pm
- Registration begins at 11:00 am
- Opening Prayer will begin at 11:30 am
Awards: Top 3 places in each group
Races scheduled:
- BGA Alumni Men and Women: Age groups -
Junior alumni division: 18 to 29, Senior alumni division: 30 and up
- Two Mile Walk Race on the track for Adults Only
- Parochial Grade 5 thru 8-boys & girls
- Lollipop race for ages 5 and under for alumni family and friends
Cost: $10.00 pre-registration/includes t-shirt and entry for 1 race. Alumni children free for each alumnus who registers to run by September 1st, 2007
$ 15.00 post-registration - on the day of race
Mail entries to: Ms. Yancy Munoz, Assistant Athletic Director
Bishop Ahr High School
One Tingley Lane, Edison, NJ 08820
For any inquiries contact: ymunoz@bgahs.org, to download entry form,
http://www.bgahs.com/apps/news/show_news.jsp?REC_ID=37793&id=0&rn=1592161
Concession stand will be open!
Thank you for reading our newsletter! God Bless America USA #1
Our new law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
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