2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, July 09, 2008

NJ Laws Email Newsletter E278 - July 9, 2008

In This Issue
1. Recent Cases: Bar Could Be Liable for Negligent Supervision of Visibly Intoxicated Person. 2. Search Warrant Must Be Based on Judge Decision, Not Police Discretion.

3. States Can Permit Post Conviction Motions in Cases Decided Before 2004 Based on Crawford Hearsay Challenge.

4. 1,000 Greatest Law & Business Links on the Internet.

5. 31st Annual Summer Blast Saturday July 19th.

6. Belmar Five Mile Run - New Team Competition.

7. Free seminar- 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.



1. Recent Cases: Bar Could Be Liable for Negligent Supervision of Visibly Intoxicated Person.

In this opinion the Court discussed the potential liability of a bar/restaurant under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act and the common law when a visibly intoxicated patron who has been served liquor by the bar is driven from the premises by an intoxicated underage patron who was not served liquor, and a fatal automobile accident results.
2. Search warrant must be based on judge decision, not police discretion. State v. Marshall 398 NJ Super. 92 (App. Div. 2008).

A judge issued a search warrant for an apartment in a multiple unit structure but required that the police further investigate which of two apartments was allegedly involved in criminality; he did not require that the police return with this additional, necessary information, but instead issued the warrant on the condition that it not be executed until that additional information was obtained. The court concluded that this process violated the constitutional requirement that a search warrant be issued by a "neutral and detached magistrate" because the judge ceded his authority to the discretion of the police.

The State also argued that the warrant was sufficient insofar as it had authorized the police to search whichever apartment was "controlled" or "possessed" by a particular person. The court held that this loose description did not conform to the constitutional requirement that the place to be searched be "particularly describe[d]" in the warrant.
3. States Can Permit Post Conviction Motions in Cases Decided Before 2004 Based on Crawford Hearsay Challenge. Danforth v. Minnesota 128 S. Ct 1029 (2008).

Teague v. Lane, 489 U. S. 288 (1989), limits the kinds of constitutional violations that will entitle an individual to federal habeas corpus relief, but does not in any way limit the authority of a state court, when reviewing its own state criminal convictions, to provide a remedy for a violation that is deemed "nonretroactive" under Teague.
4. 1,000 Greatest Law & Business Links on the Internet.

Attention business owners and professionals. We host a website called the 1,000 greatest Law & Business links on the internet. http://www.njlaws.com/links1.htm

Do you want your website to be listed for free? If yes, add a link from your website to www.njlaws.com. When complete, send an email to our webmaster with the location of the link on your website. After confirmation that your link works, our webmaster will add your website link for free. Generate new business and leads. We all love referrals and new business.
5. Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST.

Saturday July 19 5pm- 11pm Cocoa Beach Night Party

Join Ken Vercammen and his friends for an exciting evening. D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. Blender drinks, 2 Fooz ball tables, ping pong, arcade basketball, Cold beer, tastee food, umbrella drinks, Chicken sandwiches, ziti, Hot wings, Macaroni Salad, Potato Salad and other favorites

LOCATION: South Brunswick NJ near Farrington Lake, off Route 130 and Rt. 522)

Directions: email/fax/call and we will send directions

Kenneth Vercammen, Esq. at (732) 572-0500 (Law office

Yes, We will be attending the party - email yes


Name: _____________________________
6. Belmar Five Mile Run - New Team Competition.

Saturday, July 12, 2008 8:30 am

Kenneth Vercammen is putting together 3 teams of both competitive and non- competitive runners. If you can finish 5 miles in less than 1 hour, you can be on our team of fun.

Our winning teams in 2007 won free beer tickets. individual Application online at http://www.belmar5.com/belmar.pdf or go to

The name of Ken's teams are US Olympic Development 1, Olympic Development 2, and US Olympic Development 3 [ just trying to finish] . We will have runners from several running clubs, including RVRR. JSRC, CJRR & Sandy Hooker Tri Club.

You do not need to be a member of USATF or any club to be on a team. We would like 30 people
of different abilities.

Post Race Activities -

Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways.

Team awards, Free Concert and Beach party, thanks to Miller Lite after the race at Bar Anticipation.

Bring your Belmar Five Mug - mug discounts all day after the Race!

Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar)

If you have or will enter, email Ken V at Kenvnjlaws@verizon.net

Call Kenneth Vercammen at 732-572-0500

More details on Belmar 5 at http://www.belmar5.com/
7. Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.

WHERE: 2053 Woodbridge, Edison, NJ, Law Office conference room, 2nd floor

WHEN: Wednesday, July 23, 2008 12:30- 1:15 P.M.

COST: Free if your pre-register. This program is limited to 15 people

SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)

The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.

Main Topics:
1. The New Probate Law and preparation of Wills
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Revocable Trusts/ Irrevocable Trusts
6. Federal HIPAA Regulations on release of medical info
7. Question and Answer

COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about 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 as you wish and avoid many rigid provisions of state law.

To attend or for Information: Mike McDonald 732-572-0500 or email kenvnjlaws@verizon.net

Can't attend? We can email you materials
Send email to kenvnjlaws@verizon.net

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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