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Wednesday, May 27, 2009

NJ Laws Email Newsletter E304

NJ Laws Email Newsletter E304

May 20, 2009

In This Issue

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.


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.

Main Website with 500 + articles and 1,000 + links

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:
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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