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.
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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
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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
