NJ Laws Email Newsletter E304
May 20, 2009
In This Issue
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Recent Important Cases...
1. Arrest and Search by Police Based Invalid Arrest Warrant Does Not Suppress Drugs & Gun Found.
2. Constructive Possession is Decision by Trier of Fact, not Expert.
3. Four Factors Required to Withdraw Guilty Plea.
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4. More Charity Races and Community Events.
5. Reflections on Memorial Day.
6. If a Loved One is a Victim of Nursing Home Abuse, We Can Help.
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Recent Important Cases...
1. Arrest and Search by Police Based Invalid Arrest Warrant Does Not Suppress Drugs & Gun Found. Herring v United States
129 S. Ct. 695 (2009)
When police mistakes leading to an unlawful search are the result of isolated negligence attenuated from the search, rather than systemic error or reckless disregard of constitutional requirements, the exclusionary rule does not apply.
2. Constructive Possession is Decision by Trier of Fact, not Expert. State v. Reeds 197 NJ 280 (2009)
Defendant suffered undue prejudice from the evidence in the form of expert testimony opining, in effect, that he constructively possessed the drugs found in the vehicle he was driving. This ultimate-issue testimony usurped the jury's singular role in the determination of defendant's guilt and irredeemably tainted the remaining trial proofs, producing an unjust result in defendant's trial.
3. Four Factors Required to Withdraw Guilty Plea. State v. Slater 198 NJ 145 (2009)
Judges are to consider and balance four factors in evaluating motions to withdraw a guilty plea: (1) whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of the defendant's reasons for withdrawal; (3) the existence of a plea bargain; and (4) whether withdrawal could result in unfair prejudice to the State or unfair advantage to the accused. This defendant has met his burden and is entitled to withdraw his guilty plea in the interest of justice.
4. More Charity Races and Community Events
May 20 Middlesex County Bar Association- Installation Dinner Sea bras Armory
May 22 Memorial Day Friday "Legends of Belmar Night" Friday Join Ken V and friends the Friday night before race for "Legends Night" in Belmar at D'Jays, Bar A & Columns.
Start approx 5pm. Leave work early
May 23 Spring Lake 5 mile race 8:30
May 25 North Brunswick 5k
May 30 Ocean Medical Center 5k 8:30 Brick
May 31 Berkeley Twp Triathlon
Jersey Shore Tri Club 7am
If you are attending any of these races, please call or email Ken V. Often we car pool or meet at these events. If you can run, you can volunteer, or walk the course.
Saturday July 18 5pm- 11pm
Friends of Kenneth Vercammen and Jim
Capraro are invited to their 50th Birthday Party.
Join us for an exciting evening. Swim Pool,
8 person Hot tub plus Deck and Tiki Bar. DJ
Blender drinks, ping pong, arcade basketball.
Details in future newsletter. Mark your calendar now.
5. Reflections on Memorial Day.
Memorial Day used to be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns held parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those the fell in service to their country.
We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness.
"If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays." -- F L Lloyd West Chester, Pa USA - February 26, 2000
On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay.
Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general public's nonchalant observance of Memorial Day." -- VFW 2002 Memorial Day address:
http://www.usmemorialday.org/backgrnd.html
If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help.
Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.
If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can contact persons to help stop the wrongful conduct and obtain damages for it.
Thank you for reading our newsletter! God Bless America USA #1
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Wednesday, May 27, 2009
Sunday, May 10, 2009
NJ Laws Email Newsletter E303 May7, 2009
NJ Laws Email Newsletter E303 May7, 2009
1 Recent important cases. Passenger Pat down during traffic stop permitted if belief gang member is armed and dangerous Arizona v Johnson
2. Juvenile has no right to counsel during post-complaint interrogation
3 The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14.
4. Upcoming charity races and community events
5. Kenneth Vercammen named Super Lawyer for 2009 in the Criminal Law- DWI practice area.
1 Recent important cases. Passenger Pat down during traffic stop permitted if belief gang member is armed and dangerous Arizona v Johnson 172 L. Ed. 2d 694 (2009)
While patrolling near a Tucson neighborhood associated with the Crips gang, police officers serving on Arizona’s gang task force stopped an automobile for a vehicular infraction warranting a citation. At the time of the stop, the officers had no reason to suspect the car’s occupants of criminal activity. Officer Trevizo attended to respondent Johnson, the back-seat passenger, whose behavior and clothing caused Trevizo to question him. After learning that Johnson was from a town with a Crips gang and had been in prison, Trevizo asked him get out of the car in order to question him further, out of the hearing of the front-seat passenger, about his gang affiliation. Because she suspected that he was armed, she patted him down for safety when he exited the car. During the patdown, she felt the butt of a gun. At that point, Johnson began to struggle, and Trevizo handcuffed him. Johnson was charged with, inter alia, possession of a weapon by a prohibited possessor
Held: Officer Trevizo’s patdown of Johnson did not violate the Fourth Amendment ’s prohibition on unreasonable searches and seizures.
2. Juvenile has no right to counsel during post-complaint interrogation
State in the Interest of P.M.P. 404 NJ Super. 69 (App. Div. 2008)
The court concluded a juvenile delinquency complaint, filed at the direction of a county prosecutor's office, is not the substantial equivalent of an indictment such that it initiates a formal adversarial proceeding and triggers a juvenile's right to counsel. The court reversed the trial court's extension of the protections of State v. Sanchez, 129 N.J. 261, 277 (1992) to juvenile proceedings.
3 The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14. If you haven't already registered, what are you waiting for? Don't miss the opportunity to earn up to 10 CLE credits at over 60 informative and timely programs.
The NJSBA Municipal Court Section is sponsoring 4 seminars in one day on Thursday May 14, 2009 at the annual convention in AC. Get 6 credits plus breakfast and lunch for a one day fee:
Register online now!
Municipal Court Practice Track:
(includes full day convention access to all other tracks, vendors, and food buffets
Breakfast Buffet at Exhibition Hall
Municipal Court Practice Section Municipal COURT TRACK
8:00 am - The Latest Cases and Court Rules in Municipal Court
Thursday, May 14 8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ
10:00 am - DWI in the Age of Chun, 1.5 credits
Speaker: Jeffrey Evan Gold, Esq.
Luncheon Buffet at Exhibition Hall
1:00 pm - What to Look for in Alcotest Discovery, 1.5 credits
Speaker: Arnold N. Fishman, Esq.
3:00 pm - Municipal Court Bench/Bar Forum. 1.5 credits
Panelists: Hon. Joan Robinson Gross, P.J.M.C.
Hon. Robert F. Schaul, JMC
Hon. E. Ronald Wright, JMC
Paris P. Eliades, Esq. Courter Kobert & Cohen, PC
Jeffrey E. Gold, Esq.
Deborah Veach, Esq. Municipal Prosecutor, Township of Teaneck
Other important programs:
-Equity Jurisprudence Committee Litigation TRACK (CHANCERY)
Thursday, May 14 1 - 2:30 p.m.
Chancery judges and general equity practitioners will discuss a variety of topics, including foreclosure mediation, equity practice in the current economic crisis and other priceless tips for chancery litigators.
Moderator: Alexandra V. Gallo, Esq., McElroy Deutsch, Mulvaney & Carpenter, LLP
Speakers: Hon. Harriet Derman, P.J.Ch.
Hon. Glenn Berman, J.S.C.
Hon. Harriet Farber Klein, J.S.C.
Frederick W. Alworth, Esq. Gibbons, PC
Thomas P. Scrivo, Esq. McElroy, Deutsch, Mulvaney & Carpenter, LLP
Kevin M .Wolfe, Esq. Chief Civil Practice Liaison, Administrative Office of the Courts
-Prosecuting and Defending the Police Officer
Criminal Law Section Litigation TRACK (CRIMINAL)
Thursday, May 14 3 - 4:30 p.m.
Moderator: Robert Brass, Esq. Picillo Caruso Pope Edell Picini, PC
Speakers: Paul J. Bradley, Esq. Supervising Assistant Prosecutor, Essex County Prosecutor's Office
Kevin P. McCann, Esq. NJSBA Treasurer
John L. Molinelli, Esq. Bergen County Prosecutor
Brian J. Neary, Esq
Anthony J. Pope, Esq. Picillo Caruso Pope Edell Picini, PC
It's not too late! There's still time to register. Don't get left behind!
Register Online NOW!
View the Annual Meeting Promotional Flyer
4. Upcoming charity races and community events
5/16/09 CASA Kids 5K Run 9am Princeton Pike Corporate Center
1009 Lenox Drive Lawrenceville, NJ 08648 When you register, write down under the team category- "RVRR."
May 16, 2009 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ What You Get: Give-A-Ways, i.e., Commemorative T-Shirt and more. Free beer http://rumsonhash.multiply.com/
May 20 Middlesex County Bar- Installation Dinner See Bright Armory
May 22 Memorial Day Friday “Legends of Belmar Night” Friday Join Ken V and friends the Friday night before race for "Legends Night" in Belmar at D’Jays, Bar A & Columns. Start approx 5pm. Leave work early
May 23 Spring Lake 5 mile race 8:30
5. Kenneth Vercammen named Super Lawyer for 2009 in the Criminal Law- DWI practice area.
ABOUT SUPER LAWYERS
Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
Super Lawyers is published as a special supplement in leading newspapers and city and regional magazines across the country. Super Lawyers magazine, featuring articles about attorneys named to the Super Lawyers list, is distributed to all attorneys in the state or region, the lead corporate counsel of Russell 3000 companies and the ABA-approved law school libraries.
Polling, research and selection are performed by Law & Politics, a publication of Key Professional Media, Inc. Law & Politics has been publishing legal magazines since 1990 and Super Lawyers since 1991.
Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Super Lawyers magazine is published in all 50 states and reaches more than 13 million readers.
SUPER LAWYERS SELECTION PROCESS
OVERVIEW
In selecting attorneys for Super Lawyers, Law & Politics employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.
PUBLICATION
The final published list represents no more than 5 percent of the lawyers in the state. The lists are published annually in state and regional editions of Super Lawyers magazines and in inserts and special advertising sections in leading city and regional magazines and newspapers. All attorneys selected for inclusion in Super Lawyers, regardless of year, can be found on superlawyers.com.
http://www.superlawyers.com/new-jersey/lawyer/Kenneth-A-Vercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html
1 Recent important cases. Passenger Pat down during traffic stop permitted if belief gang member is armed and dangerous Arizona v Johnson
2. Juvenile has no right to counsel during post-complaint interrogation
3 The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14.
4. Upcoming charity races and community events
5. Kenneth Vercammen named Super Lawyer for 2009 in the Criminal Law- DWI practice area.
1 Recent important cases. Passenger Pat down during traffic stop permitted if belief gang member is armed and dangerous Arizona v Johnson 172 L. Ed. 2d 694 (2009)
While patrolling near a Tucson neighborhood associated with the Crips gang, police officers serving on Arizona’s gang task force stopped an automobile for a vehicular infraction warranting a citation. At the time of the stop, the officers had no reason to suspect the car’s occupants of criminal activity. Officer Trevizo attended to respondent Johnson, the back-seat passenger, whose behavior and clothing caused Trevizo to question him. After learning that Johnson was from a town with a Crips gang and had been in prison, Trevizo asked him get out of the car in order to question him further, out of the hearing of the front-seat passenger, about his gang affiliation. Because she suspected that he was armed, she patted him down for safety when he exited the car. During the patdown, she felt the butt of a gun. At that point, Johnson began to struggle, and Trevizo handcuffed him. Johnson was charged with, inter alia, possession of a weapon by a prohibited possessor
Held: Officer Trevizo’s patdown of Johnson did not violate the Fourth Amendment ’s prohibition on unreasonable searches and seizures.
2. Juvenile has no right to counsel during post-complaint interrogation
State in the Interest of P.M.P. 404 NJ Super. 69 (App. Div. 2008)
The court concluded a juvenile delinquency complaint, filed at the direction of a county prosecutor's office, is not the substantial equivalent of an indictment such that it initiates a formal adversarial proceeding and triggers a juvenile's right to counsel. The court reversed the trial court's extension of the protections of State v. Sanchez, 129 N.J. 261, 277 (1992) to juvenile proceedings.
3 The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14. If you haven't already registered, what are you waiting for? Don't miss the opportunity to earn up to 10 CLE credits at over 60 informative and timely programs.
The NJSBA Municipal Court Section is sponsoring 4 seminars in one day on Thursday May 14, 2009 at the annual convention in AC. Get 6 credits plus breakfast and lunch for a one day fee:
Register online now!
Municipal Court Practice Track:
(includes full day convention access to all other tracks, vendors, and food buffets
Breakfast Buffet at Exhibition Hall
Municipal Court Practice Section Municipal COURT TRACK
8:00 am - The Latest Cases and Court Rules in Municipal Court
Thursday, May 14 8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ
10:00 am - DWI in the Age of Chun, 1.5 credits
Speaker: Jeffrey Evan Gold, Esq.
Luncheon Buffet at Exhibition Hall
1:00 pm - What to Look for in Alcotest Discovery, 1.5 credits
Speaker: Arnold N. Fishman, Esq.
3:00 pm - Municipal Court Bench/Bar Forum. 1.5 credits
Panelists: Hon. Joan Robinson Gross, P.J.M.C.
Hon. Robert F. Schaul, JMC
Hon. E. Ronald Wright, JMC
Paris P. Eliades, Esq. Courter Kobert & Cohen, PC
Jeffrey E. Gold, Esq.
Deborah Veach, Esq. Municipal Prosecutor, Township of Teaneck
Other important programs:
-Equity Jurisprudence Committee Litigation TRACK (CHANCERY)
Thursday, May 14 1 - 2:30 p.m.
Chancery judges and general equity practitioners will discuss a variety of topics, including foreclosure mediation, equity practice in the current economic crisis and other priceless tips for chancery litigators.
Moderator: Alexandra V. Gallo, Esq., McElroy Deutsch, Mulvaney & Carpenter, LLP
Speakers: Hon. Harriet Derman, P.J.Ch.
Hon. Glenn Berman, J.S.C.
Hon. Harriet Farber Klein, J.S.C.
Frederick W. Alworth, Esq. Gibbons, PC
Thomas P. Scrivo, Esq. McElroy, Deutsch, Mulvaney & Carpenter, LLP
Kevin M .Wolfe, Esq. Chief Civil Practice Liaison, Administrative Office of the Courts
-Prosecuting and Defending the Police Officer
Criminal Law Section Litigation TRACK (CRIMINAL)
Thursday, May 14 3 - 4:30 p.m.
Moderator: Robert Brass, Esq. Picillo Caruso Pope Edell Picini, PC
Speakers: Paul J. Bradley, Esq. Supervising Assistant Prosecutor, Essex County Prosecutor's Office
Kevin P. McCann, Esq. NJSBA Treasurer
John L. Molinelli, Esq. Bergen County Prosecutor
Brian J. Neary, Esq
Anthony J. Pope, Esq. Picillo Caruso Pope Edell Picini, PC
It's not too late! There's still time to register. Don't get left behind!
Register Online NOW!
View the Annual Meeting Promotional Flyer
4. Upcoming charity races and community events
5/16/09 CASA Kids 5K Run 9am Princeton Pike Corporate Center
1009 Lenox Drive Lawrenceville, NJ 08648 When you register, write down under the team category- "RVRR."
May 16, 2009 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ What You Get: Give-A-Ways, i.e., Commemorative T-Shirt and more. Free beer http://rumsonhash.multiply.com/
May 20 Middlesex County Bar- Installation Dinner See Bright Armory
May 22 Memorial Day Friday “Legends of Belmar Night” Friday Join Ken V and friends the Friday night before race for "Legends Night" in Belmar at D’Jays, Bar A & Columns. Start approx 5pm. Leave work early
May 23 Spring Lake 5 mile race 8:30
5. Kenneth Vercammen named Super Lawyer for 2009 in the Criminal Law- DWI practice area.
ABOUT SUPER LAWYERS
Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
Super Lawyers is published as a special supplement in leading newspapers and city and regional magazines across the country. Super Lawyers magazine, featuring articles about attorneys named to the Super Lawyers list, is distributed to all attorneys in the state or region, the lead corporate counsel of Russell 3000 companies and the ABA-approved law school libraries.
Polling, research and selection are performed by Law & Politics, a publication of Key Professional Media, Inc. Law & Politics has been publishing legal magazines since 1990 and Super Lawyers since 1991.
Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Super Lawyers magazine is published in all 50 states and reaches more than 13 million readers.
SUPER LAWYERS SELECTION PROCESS
OVERVIEW
In selecting attorneys for Super Lawyers, Law & Politics employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.
PUBLICATION
The final published list represents no more than 5 percent of the lawyers in the state. The lists are published annually in state and regional editions of Super Lawyers magazines and in inserts and special advertising sections in leading city and regional magazines and newspapers. All attorneys selected for inclusion in Super Lawyers, regardless of year, can be found on superlawyers.com.
http://www.superlawyers.com/new-jersey/lawyer/Kenneth-A-Vercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html
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