June 26, 2009
In This Issue
_______________
Recent Important Cases...
1. Police cannot Search Car Passenger Compartment if Occupant Already Arrested.
2. Ordinance can bar taking of Photos for Sale.
3. Rat Balloon Ordinance Violates Free Speech.
________________
4. Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party.
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!
Recent Important Cases...
1. Police cannot Search Car Passenger Compartment if Occupant Already Arrested. Arizona v. Gant 129 S. Ct. 1710 (2009)
Police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that an arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest. The Arizona Supreme Court's reversal of Defendant's drug conviction is affirmed.
2. Ordinance can bar taking of Photos for Sale. State v. Chepilko 405 NJ Super. 446 (App. Div. 2009)
The taking of photographs of persons walking on the Atlantic City Boardwalk and then attempting to sell the photographs to the subjects does not constitute expressive conduct entitled to First Amendment protection that insulates a person engaged in this activity from prosecution for a violation of municipal other Boardwalk.
3. Rat Balloon Ordinance Violates Free Speech. State v. DeAngelo 197 NJ 478 (2009)
The Lawrence Township sign ordinance violates the First Amendment right to free speech and is overbroad.
4. Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party
WHEN: Saturday, July 18 5pm- 11pm
Join us for an exciting evening. Swimming Pool, Food, 8 person Hot tub plus Tiki Bar. DJ Blender drinks
LOCATION: South Brunswick NJ at 16 & 17 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
DIRECTIONS: Visit our website at www.njlaws.com for directions to Ireland Brook Dr., or email/fax/call and we will send directions
Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net
Name: _____________________________
No gifts please.
Ok to bring something for the Tiki Bar!
http://www.facebook.com/event.php?eid=91508471625
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel
Federal Estate & Gift Tax Changes
http://www.youtube.com/watch?v=vCslLgdSalk
Inheritance Tax Returns
http://www.youtube.com/watch?v=cz1V3W1e1FA
Duty of Executor of Will
http://www.youtube.com/watch?v=SJgLT-EYifA
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Thank you for reading our newsletter! God Bless America USA #1
Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at:(newsletter@njlaws.com)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Friday, June 26, 2009
Wednesday, June 17, 2009
NJ Laws Email Newsletter E307
NJ Laws Email Newsletter E307
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
June 17, 2009
In This Issue
_______________
Recent Important Cases...
1. Six-month Alcotest Inspection Applies after March 17, 2008.
2. Three-Year-Old's Statements Admissible under Tender Years Exception to Hearsay.
3. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
HAPPY FATHER'S DAY!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases...
1. Six-month Alcotest Inspection Applies after March 17, 2008. State v. Pollock 07 NJ Super. 100 (App. Div. 2009)
Defendant appealed his conviction for a per se violation of N.J.S.A. 39:4-50, driving with a blood alcohol concentration of 0.08 percent or more. The Court is called upon to determine whether the semiannual-recalibration requirement for Alcotest
machines, established by the Supreme Court in State v. Chun, 194 N.J. 54, cert. denied, ___ U.S. ___, 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008), is applicable to cases in which the test was administered prior to Chun and in compliance with the
then existing annual-recalibration protocol. Because the court determined that the change mandated by Chun was not intended to be applied to such, the court affirmed the conviction.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Three-Year-Old's Statements Admissible under Tender Years Exception to Hearsay.
State v. Coder 198 NJ 451 (Decided May 4, 2009) A-28-08
In defendant's criminal trial on charges of sexual assault on a minor, the out-of-court statements by the victim - a three-year-old child - as testified to by her mother, were properly admitted because the statements were the tender years exception to the hearsay rule. Additionally, because the child's statements were not testimonial, they did not implicate the defendant's Confrontation
Clause rights.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
Competency to Sign a Will
http://www.youtube.com/watch?v=GM9n7CVw-vI [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DGM9n7CVw-vI&id=preview]
Will Interview with an Attorney
http://www.youtube.com/watch?v=NG7AIaXWhNc&feature=channel_page [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DNG7AIaXWhNc%26feature%3Dchannel_page&id=preview]
Living Wills for Gay & Lesbian
http://www.youtube.com/watch?v=uu6Wtnt4J5Q&feature=channel_page
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Thank you for reading our newsletter! God Bless America USA #1
Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at:(newsletter@njlaws.com
[mailto:newsletter@njlaws.com])
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview&id=preview]/
NJ Personal Injury & Civil Law Blog-http://njlawspersonalinjury.blogspot.com
[http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview&id=preview]/
NJ Elder Law Blog -http://elder-law.blogspot.com/ [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Felder-law.blogspot.com%2F&id=preview&id=preview]
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 23 years of providing excellent service to clients 1985-2009"
Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients.
Please come into the office.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2009. 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 [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Forward email
http://ui.constantcontact.com/sa/fwtf.jsp?m=1101661273217&ea=kenvnjlaws@verizon.net&a=1102613877291&id=preview
This email was sent to kenvnjlaws@verizon.net by vercammennewsletter@verizon.net.
Update Profile/Email Address
http://visitor.constantcontact.com/d.jsp?p=oo&v=001Jzhx8uVKgrNReKXBwbjJViseHJof_Gf51rTgNsi01GWh1R8Bty-GPHbK3rdinvph0j5YNC8nswdMaM8H-nMMHTUXGRLmO4QjGSDYHb6FVqkqwVqseZC9JLXSW1MQqSwL&id=preview.1101661273217
Instant removal with SafeUnsubscribe(TM)
http://visitor.constantcontact.com/d.jsp?p=un&v=001Jzhx8uVKgrNReKXBwbjJViseHJof_Gf51rTgNsi01GWh1R8Bty-GPHbK3rdinvph0j5YNC8nswdMaM8H-nMMHTUXGRLmO4QjGSDYHb6FVqkqwVqseZC9JLXSW1MQqSwL&id=preview.1101661273217
Privacy Policy:
http://ui.constantcontact.com/roving/CCPrivacyPolicy.jsp
Email Marketing by
Constant Contact(R)
www.constantcontact.com
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
June 17, 2009
In This Issue
_______________
Recent Important Cases...
1. Six-month Alcotest Inspection Applies after March 17, 2008.
2. Three-Year-Old's Statements Admissible under Tender Years Exception to Hearsay.
3. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
HAPPY FATHER'S DAY!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases...
1. Six-month Alcotest Inspection Applies after March 17, 2008. State v. Pollock 07 NJ Super. 100 (App. Div. 2009)
Defendant appealed his conviction for a per se violation of N.J.S.A. 39:4-50, driving with a blood alcohol concentration of 0.08 percent or more. The Court is called upon to determine whether the semiannual-recalibration requirement for Alcotest
machines, established by the Supreme Court in State v. Chun, 194 N.J. 54, cert. denied, ___ U.S. ___, 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008), is applicable to cases in which the test was administered prior to Chun and in compliance with the
then existing annual-recalibration protocol. Because the court determined that the change mandated by Chun was not intended to be applied to such, the court affirmed the conviction.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Three-Year-Old's Statements Admissible under Tender Years Exception to Hearsay.
State v. Coder 198 NJ 451 (Decided May 4, 2009) A-28-08
In defendant's criminal trial on charges of sexual assault on a minor, the out-of-court statements by the victim - a three-year-old child - as testified to by her mother, were properly admitted because the statements were the tender years exception to the hearsay rule. Additionally, because the child's statements were not testimonial, they did not implicate the defendant's Confrontation
Clause rights.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
Competency to Sign a Will
http://www.youtube.com/watch?v=GM9n7CVw-vI [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DGM9n7CVw-vI&id=preview]
Will Interview with an Attorney
http://www.youtube.com/watch?v=NG7AIaXWhNc&feature=channel_page [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DNG7AIaXWhNc%26feature%3Dchannel_page&id=preview]
Living Wills for Gay & Lesbian
http://www.youtube.com/watch?v=uu6Wtnt4J5Q&feature=channel_page
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Thank you for reading our newsletter! God Bless America USA #1
Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at:(newsletter@njlaws.com
[mailto:newsletter@njlaws.com])
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview&id=preview]/
NJ Personal Injury & Civil Law Blog-http://njlawspersonalinjury.blogspot.com
[http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview&id=preview]/
NJ Elder Law Blog -http://elder-law.blogspot.com/ [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Felder-law.blogspot.com%2F&id=preview&id=preview]
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 23 years of providing excellent service to clients 1985-2009"
Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients.
Please come into the office.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2009. 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 [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Forward email
http://ui.constantcontact.com/sa/fwtf.jsp?m=1101661273217&ea=kenvnjlaws@verizon.net&a=1102613877291&id=preview
This email was sent to kenvnjlaws@verizon.net by vercammennewsletter@verizon.net.
Update Profile/Email Address
http://visitor.constantcontact.com/d.jsp?p=oo&v=001Jzhx8uVKgrNReKXBwbjJViseHJof_Gf51rTgNsi01GWh1R8Bty-GPHbK3rdinvph0j5YNC8nswdMaM8H-nMMHTUXGRLmO4QjGSDYHb6FVqkqwVqseZC9JLXSW1MQqSwL&id=preview.1101661273217
Instant removal with SafeUnsubscribe(TM)
http://visitor.constantcontact.com/d.jsp?p=un&v=001Jzhx8uVKgrNReKXBwbjJViseHJof_Gf51rTgNsi01GWh1R8Bty-GPHbK3rdinvph0j5YNC8nswdMaM8H-nMMHTUXGRLmO4QjGSDYHb6FVqkqwVqseZC9JLXSW1MQqSwL&id=preview.1101661273217
Privacy Policy:
http://ui.constantcontact.com/roving/CCPrivacyPolicy.jsp
Email Marketing by
Constant Contact(R)
www.constantcontact.com
NJ Laws Email Newsletter E306
NJ Laws Email Newsletter E306
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
June 11, 2009
In This Issue
_______________
Recent Important Cases...
1. Improper Cross-examination by Municipal Prosecutor and Judge can Require Retrial
before Different Judge.
2. Alcotest Operator Must Observe Defendant for 20 Minutes.
3. Telephonic Search Warrants Approved.
_________________
4. Next Races and Community Events
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
6. If You Are In A Slip & Fall Accident, We Can Help.
NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases...
1. Improper Cross-examination by Municipal Prosecutor and Judge can Require Retrial before Different Judge. State v. Wang (App. Div.) 14-2-2508 Unpublished.
Because the cross-examination of defendant regarding her Nevada driver's license and the lack of proper record keeping at the Therapy Center was improper because the evidence lacked any relevancy to the prostitution charge, and because its use
to attack defendant's credibility ran afoul of N.J.R.E. 607, 608, and 404, and the evidence was relied upon by the municipal and Law Division judges in assessing credibility, defendant's conviction for prostitution is reversed and the matter is remanded for
retrial before a different municipal court judge.
Unpublished Source: Daily Briefing - 01/21/2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Alcotest Operator Must Observe Defendant for 20 Minutes. State v Nucifora (Law Div. Camden) Unpublished.
This important unpublished case held that the Supreme Court in Chun meant exactly what it said when it directed that "the operator must observe the test subject for required 20 minute{s}", that this was not dicta, and that it does not allow for
observation by other officers. The appeal was raised in the context of a Chun stayed case and stands for the proposition that if a good faith 20 min issue was raised at the time of a Chun stayed plea, the issue is sufficient to reopen the matter.
Source: Jeff Gold, NJSBA 2008 Municipal Court Attorney of the Year.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Telephonic Search Warrants Approved. State v. Juan Pena-Flores 198 NJ 6 (2009)
The Supreme Court affirms its longstanding precedent that permits an automobile search without a warrant only in cases in which the police have both probable cause to believe that the vehicle contains evidence and exigent circumstances that would
justify dispensing with the warrant requirement. Whether exigent circumstances exist is to be decided on a case-by-case basis with the focus on police safety and the preservation of evidence. The Court also determines that a warrant obtained
by telephonic or electronic means is the equivalent of an in-person warrant and does not require proof of exigent circumstances. Also State v. Charles Fuller (A-15-07)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Next Races and Community Events
Monday, June 15, 2009
PRESIDENT'S CUP NIGHT RACE, 5K, 8pm,
Charlie Browns, Millburn, 973-376-6094,
(USATF-700pts)
Free beer, big post race party. Ken Vercammen needs a ride from Edison/East Brunswick area to President's Cup. If you are in the area, email Ken V at Kenv@njlaws.com or call Ken at: 732-572-0500.
Friday, June 19, 2009
June Moon 5k 7:15pm Somerset NJ Quality CJRR event. Post race food Saturday, June 20, 2009
Long Branch Sprint Triathlon Series-1 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch NJ 732-614-6028 Sunday, June 21, 2009 Pt. Pleasant Boro 5k 8:30
Saturday, June 27, 2009
1. Rumson 10 mile, 10 bar Long Branch to Belmar. This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Cheap beer. Finish at Bar A, and play volleyball.
2. Frog Hollow 5k South Amboy- Free food, use swim club for entire day. Sunday, June 28, 2009
Pine Beach 5K 9am Vista Park, [near Toms River] Sunday Very well run shore area event. USTAF masters championship when you register, write down under the team category-"RVRR Ken V." 732-349-6425.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
Defense to Refusal to take Breath Test http://www.youtube.com/watch?v=vWVjiSlneJs&feature=channel_page
[http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DvWVjiSlneJs%26feature%3Dchannel_page&id=preview]
Will contests and Contested Probate
http://www.youtube.com/watch?v=N9BYaCrumnY&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DN9BYaCrumnY%26feature%3Dchannel_page&id=preview]
Undue Influence to Contest a Will, Gift or Power of Attorney
http://www.youtube.com/watch?v=sxlRb-b1Lyo&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DsxlRb-b1Lyo%26feature%3Dchannel_page&id=preview]
Signing of Last Will & Testament and Post Signing Activity
http://www.youtube.com/watch?v=1G6O6CtJCVY&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D1G6O6CtJCVY%26feature%3Dchannel_page&id=preview]
Major Municipal Court and Criminal Cases Parts 1-7
http://www.youtube.com/watch?v=LuK_uSceFHY&feature=channel_page
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
6. If You Are In A Slip & Fall Accident, We Can Help.
Next to car accidents, the most common type of accident is a slip and fall. If you are hurt in a slip and fall accident, you have rights, including the right to compensation for your injuries. You may have this right even if you are partly at fault for the
accident.
If you are injured in a slip and fall accident, please call us. We have helped many victims of slip and fall accidents recover the maximum compensation for their injuries and losses, and we can help you. Call promptly, as the time right after the accident
can be vital to your claim.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Thank you for reading our newsletter! God Bless America USA #1
Our hope is that every one of our current subscribers will sign up at least one
friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would
also like to receive this email newsletter, please have them email us at:(newsletter@njlaws.com
[mailto:newsletter@njlaws.com])
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview&id=preview]/
NJ Personal Injury & Civil Law Blog-http://njlawspersonalinjury.blogspot.com
[http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview&id=preview]/
NJ Elder Law Blog -http://elder-law.blogspot.com/ [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Felder-law.blogspot.com%2F&id=preview&id=preview]
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 23 years of providing excellent service to clients 1985-2009"
Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients.
Please come into the office.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2009. 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 [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Forward email
http://ui.constantcontact.com/sa/fwtf.jsp?m=1101661273217&ea=kenvnjlaws@verizon.net&a=1102608209573&id=preview
This email was sent to kenvnjlaws@verizon.net by vercammennewsletter@verizon.net.
Update Profile/Email Address
http://visitor.constantcontact.com/d.jsp?p=oo&v=001Jzhx8uVKgrNReKXBwbjJViseHJof_Gf51rTgNsi01GWh1R8Bty-GPBFlx93l59wa9e4AQ_ciGMQfG-TuTO6V5enXH853T6XlZ6gBOr4k9xWPKo7f0A0KXRfY5Pm9qxu3&id=preview.1101661273217
Instant removal with SafeUnsubscribe(TM)
http://visitor.constantcontact.com/d.jsp?p=un&v=001Jzhx8uVKgrNReKXBwbjJViseHJof_Gf51rTgNsi01GWh1R8Bty-GPBFlx93l59wa9e4AQ_ciGMQfG-TuTO6V5enXH853T6XlZ6gBOr4k9xWPKo7f0A0KXRfY5Pm9qxu3&id=preview.1101661273217
Privacy Policy:
http://ui.constantcontact.com/roving/CCPrivacyPolicy.jsp
Email Marketing by
Constant Contact(R)
www.constantcontact.com
Kenneth Vercammen Law Office | 2053 Woodbridge Avenue | Edison | NJ | 08817
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
June 11, 2009
In This Issue
_______________
Recent Important Cases...
1. Improper Cross-examination by Municipal Prosecutor and Judge can Require Retrial
before Different Judge.
2. Alcotest Operator Must Observe Defendant for 20 Minutes.
3. Telephonic Search Warrants Approved.
_________________
4. Next Races and Community Events
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
6. If You Are In A Slip & Fall Accident, We Can Help.
NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases...
1. Improper Cross-examination by Municipal Prosecutor and Judge can Require Retrial before Different Judge. State v. Wang (App. Div.) 14-2-2508 Unpublished.
Because the cross-examination of defendant regarding her Nevada driver's license and the lack of proper record keeping at the Therapy Center was improper because the evidence lacked any relevancy to the prostitution charge, and because its use
to attack defendant's credibility ran afoul of N.J.R.E. 607, 608, and 404, and the evidence was relied upon by the municipal and Law Division judges in assessing credibility, defendant's conviction for prostitution is reversed and the matter is remanded for
retrial before a different municipal court judge.
Unpublished Source: Daily Briefing - 01/21/2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Alcotest Operator Must Observe Defendant for 20 Minutes. State v Nucifora (Law Div. Camden) Unpublished.
This important unpublished case held that the Supreme Court in Chun meant exactly what it said when it directed that "the operator must observe the test subject for required 20 minute{s}", that this was not dicta, and that it does not allow for
observation by other officers. The appeal was raised in the context of a Chun stayed case and stands for the proposition that if a good faith 20 min issue was raised at the time of a Chun stayed plea, the issue is sufficient to reopen the matter.
Source: Jeff Gold, NJSBA 2008 Municipal Court Attorney of the Year.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Telephonic Search Warrants Approved. State v. Juan Pena-Flores 198 NJ 6 (2009)
The Supreme Court affirms its longstanding precedent that permits an automobile search without a warrant only in cases in which the police have both probable cause to believe that the vehicle contains evidence and exigent circumstances that would
justify dispensing with the warrant requirement. Whether exigent circumstances exist is to be decided on a case-by-case basis with the focus on police safety and the preservation of evidence. The Court also determines that a warrant obtained
by telephonic or electronic means is the equivalent of an in-person warrant and does not require proof of exigent circumstances. Also State v. Charles Fuller (A-15-07)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Next Races and Community Events
Monday, June 15, 2009
PRESIDENT'S CUP NIGHT RACE, 5K, 8pm,
Charlie Browns, Millburn, 973-376-6094,
(USATF-700pts)
Free beer, big post race party. Ken Vercammen needs a ride from Edison/East Brunswick area to President's Cup. If you are in the area, email Ken V at Kenv@njlaws.com or call Ken at: 732-572-0500.
Friday, June 19, 2009
June Moon 5k 7:15pm Somerset NJ Quality CJRR event. Post race food Saturday, June 20, 2009
Long Branch Sprint Triathlon Series-1 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch NJ 732-614-6028 Sunday, June 21, 2009 Pt. Pleasant Boro 5k 8:30
Saturday, June 27, 2009
1. Rumson 10 mile, 10 bar Long Branch to Belmar. This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Cheap beer. Finish at Bar A, and play volleyball.
2. Frog Hollow 5k South Amboy- Free food, use swim club for entire day. Sunday, June 28, 2009
Pine Beach 5K 9am Vista Park, [near Toms River] Sunday Very well run shore area event. USTAF masters championship when you register, write down under the team category-"RVRR Ken V." 732-349-6425.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
Defense to Refusal to take Breath Test http://www.youtube.com/watch?v=vWVjiSlneJs&feature=channel_page
[http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DvWVjiSlneJs%26feature%3Dchannel_page&id=preview]
Will contests and Contested Probate
http://www.youtube.com/watch?v=N9BYaCrumnY&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DN9BYaCrumnY%26feature%3Dchannel_page&id=preview]
Undue Influence to Contest a Will, Gift or Power of Attorney
http://www.youtube.com/watch?v=sxlRb-b1Lyo&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DsxlRb-b1Lyo%26feature%3Dchannel_page&id=preview]
Signing of Last Will & Testament and Post Signing Activity
http://www.youtube.com/watch?v=1G6O6CtJCVY&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D1G6O6CtJCVY%26feature%3Dchannel_page&id=preview]
Major Municipal Court and Criminal Cases Parts 1-7
http://www.youtube.com/watch?v=LuK_uSceFHY&feature=channel_page
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
6. If You Are In A Slip & Fall Accident, We Can Help.
Next to car accidents, the most common type of accident is a slip and fall. If you are hurt in a slip and fall accident, you have rights, including the right to compensation for your injuries. You may have this right even if you are partly at fault for the
accident.
If you are injured in a slip and fall accident, please call us. We have helped many victims of slip and fall accidents recover the maximum compensation for their injuries and losses, and we can help you. Call promptly, as the time right after the accident
can be vital to your claim.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Thank you for reading our newsletter! God Bless America USA #1
Our hope is that every one of our current subscribers will sign up at least one
friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would
also like to receive this email newsletter, please have them email us at:(newsletter@njlaws.com
[mailto:newsletter@njlaws.com])
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview&id=preview]/
NJ Personal Injury & Civil Law Blog-http://njlawspersonalinjury.blogspot.com
[http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview&id=preview]/
NJ Elder Law Blog -http://elder-law.blogspot.com/ [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Felder-law.blogspot.com%2F&id=preview&id=preview]
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 23 years of providing excellent service to clients 1985-2009"
Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients.
Please come into the office.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2009. 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 [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Forward email
http://ui.constantcontact.com/sa/fwtf.jsp?m=1101661273217&ea=kenvnjlaws@verizon.net&a=1102608209573&id=preview
This email was sent to kenvnjlaws@verizon.net by vercammennewsletter@verizon.net.
Update Profile/Email Address
http://visitor.constantcontact.com/d.jsp?p=oo&v=001Jzhx8uVKgrNReKXBwbjJViseHJof_Gf51rTgNsi01GWh1R8Bty-GPBFlx93l59wa9e4AQ_ciGMQfG-TuTO6V5enXH853T6XlZ6gBOr4k9xWPKo7f0A0KXRfY5Pm9qxu3&id=preview.1101661273217
Instant removal with SafeUnsubscribe(TM)
http://visitor.constantcontact.com/d.jsp?p=un&v=001Jzhx8uVKgrNReKXBwbjJViseHJof_Gf51rTgNsi01GWh1R8Bty-GPBFlx93l59wa9e4AQ_ciGMQfG-TuTO6V5enXH853T6XlZ6gBOr4k9xWPKo7f0A0KXRfY5Pm9qxu3&id=preview.1101661273217
Privacy Policy:
http://ui.constantcontact.com/roving/CCPrivacyPolicy.jsp
Email Marketing by
Constant Contact(R)
www.constantcontact.com
Kenneth Vercammen Law Office | 2053 Woodbridge Avenue | Edison | NJ | 08817
Wednesday, June 03, 2009
NJ Laws Email Newsletter E305
NJ Laws Email Newsletter E305
Kenneth Vercammen, Attorney at Law
June 3, 2009
In This Issue
_______________
Recent Important Cases...
1. Police do Not Always Need to Readminister Miranda Warnings.
2. Drifting within a Lane Supports MV Stop by Cops.
3. No Sequestration of Defense Expert in DWI Case.
_________________
4. If You Are a Victim Of Bad Medical Malpractice, We Can Offer Suggestions.
5. New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
6. Kenneth Vercammen is the Keynote Speaker at the Sixty-First Semi-Annual Tax & Estate Planning Forum.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings!
Recent Important Cases...
1. Police do Not Always Need to Readminister Miranda Warnings.
State v. Nyhammer 197 NJ 383 (2009)
The trial court did not err in finding, based on the totality of the circumstances, that Nyhammer knowingly, voluntarily, and intelligently waived his Miranda rights under both federal and state law. Thus, the trial court did not abuse its discretion in admitting Nyhammer's confession into evidence. Further, a defendant cannot assert that he was denied his right of confrontation under the federal and state constitutions unless he first attempts to cross-examine the witness on the core accusations in the case. Nyhammer had the opportunity to cross-examine the child-victim at trial about her out-of-court testimony implicating him in the crime but chose not to do so; therefore, he cannot claim that he was denied his right of confrontation.
2. Drifting within a Lane Supports MV Stop by Cops. State v. Woodruff 403 NJ Super 620 (Law Div. Mercer 2008)
In this Law Division opinion a court construed the provisions of the lane violation statute. N.J.S.A. 39:4-88(b). The Law Division held that it is not necessary for the State to demonstrate that weaving in a lane would affect the safety of other drivers. The Court also held that two instances of observed weaving within a lane constituted sufficient reasonable suspicion for the officer to effect a motor vehicle stop of the offending auto.
Source: Muni-Mail 11/24/2008
3. No Sequestration of Defense Expert in DWI Case. State v. Popovich 405 NJ Super. 324 (App. Div. 2009)
Defendant's conviction is reversed; the trial court erred when it ruled that defendant's expert was subject to a sequestration order and would not permit the expert to watch the trial testimony. State v. Lanzel, 253 N.J. Super. 168 (Law Div. 1991) was distinguished.
4. If You Are a Victim Of Bad Medical Malpractice, We Can Offer Suggestions.
Doctors and other health care providers are supposed to adhere to a reasonable standard of care when treating a patient. Rarely, minimum standards are not met, and serious injuries occur as a result. When this happens, a person may have a medical malpractice claim.
If you believe you are the victim of medical malpractice, schedule a free consultation. We can analyze your case and advise you if you have a strong claim.
5. New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
Shoplifting Law:
http://www.youtube.com/watch?v=xNtwDXd9aH4&feature=channel_page
Truck Liability for Accidents:
http://www.youtube.com/watch?v=7KVqiZCGWAc
Slip & Fall Injury:
http://www.youtube.com/watch?v=BrspSxUIvOk&feature=channel_page
Bicycle Accidents and Recovery for Injuries:
http://www.youtube.com/watch?v=KXhqzVmp8Vs&feature=channel_page
Defense to Criminal Charges:
http://www.youtube.com/watch?v=lebvmb80-84&feature=channel_page
6. Kenneth Vercammen is the Keynote Speaker at the Sixty-First Semi-Annual Tax & Estate Planning Forum.
Presented in cooperation with the NJ State Bar Taxation Section and Institute for Continuing Legal Education
Wednesday, June 10, 2009
9:00 AM to 5:00 PM
New Jersey Law Center, New Brunswick / S127-14950
In 1977, NJICLE presented the First Semi-Annual Tax & Estate Planning Forum, designed to provide an opportunity for attorneys, accountants and life underwriters to keep up with changes in this complex area of law. Now more than ever, the ability to meet your clients' needs is dependent upon your ability to keep up to date with the law, regulations, and available planning techniques. The proper approach to any given situation may be even less clear, and more dependent upon your informed professional judgment.
Join the speakers and your colleagues at this 61st Semi-Annual program. As in past years, the program provides an opportunity to network with your peers and exchange viewpoints on how to resolve today's most challenging problems.
Explore today's hottest tax and estate planning topics at this popular semi-annual forum:
Client Motivations & Goals in the Estate Planning Process; The Standards for Undue Influence: Shifting the Burden of Proof Through Summary Judgment; Contingent & Vested Reminders: The Surprising Consequences for Family Members in Credit Shelter Trust Planning and Other Trust Arrangements; Generation Skipping and Other Tax Issues Raised by Vesting Issues; Recent Estate and Gift Tax Developments; The Use of Grantor Trusts After Revenue Ruling 2008-22; The Standard of Care in Estate Tax Planning Malpractice Claims Against Attorneys; The Estate Attorney's Fiduciary Duties: New Case Law & Practice Pointers to Avoid Potential Malpractice Liability; and more.
Moderators/Speakers:
JOHN J. MIESOWITZ, ESQ.
Ventura,Miesowitz, Albano, Keough & Warner (Summit)
JOHN L. PRITCHARD, ESQ.
Law Offices of John L. Pritchard, Esq. (Union)
Keynote Presentation by:
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
K. Vercammen & Associates (Edison)
Speakers include:
BRENDA L. EUTSLER, ESQ.
Asbell, Kushner & Eutsler, PA (Cherry Hill)
JAY J. FREIREICH, ESQ.
Poe & Freireich, PA (Florham Park)
RICHARD H. GREENBERG, ESQ.
Greenberg & Schulman (Woodbridge)
GLENN A. HENKEL, ESQ. J.D., LL.M., CPA, A.E.P.
Author: "New Jersey Estate Planning Manual: Theory, Practice & Forms" (2007, NJICLE)
Editor & Contributing Author: "Estate & Trust Litigation" (2006, NJICLE)
Editor & Contributing Author: "New Jersey Probate Procedures Manual" (2009)
Kulzer & DiPadova (Haddonfield)
JACK F. MEOLA, ESQ., CPA
Amper Politziner & Mattia (Bridgewater)
ANITA J. SIEGEL, ESQ.
2001 Clapp Laureate
Siegel & Bergman, LLC (Morristown)
M. J. SULLY, ESQ.
Special Counsel
Essex County Surrogate Court (Newark)
STEPHEN K. WARNER, ESQ.
Ventura, Miesowitz, Albano, Keough & Warner (Summit)
Tuition Fees:
SAVINGS YOU LIKE!
Register by 5/15 for only $99! (New registrations only. No other discounts apply)
General Tuition (REG) $199.00
NJICLE Season Tickets (STX) 2 Season Ticket(s)
MEMBERS, CO-SPONSORING SECTION (COS) $149.00
MEMBERS, NJSBA (NJB) $159.00
MEMBERS, NJSBA (YLD) $149.00
Recent admittees (past 2 years) (YL) $169.00
Paralegals (PAR) $129.00
Law Students (with Student ID) (STU) $50.00
Full Time Judges (JUD) $50.00 JUD
DOOR REGISTRATIONS: $219
Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee. PLEASE CALL FIRST to confirm the seminar schedule and space availability.
*NJSBA Member Price - To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.
Kenneth Vercammen, Attorney at Law
June 3, 2009
In This Issue
_______________
Recent Important Cases...
1. Police do Not Always Need to Readminister Miranda Warnings.
2. Drifting within a Lane Supports MV Stop by Cops.
3. No Sequestration of Defense Expert in DWI Case.
_________________
4. If You Are a Victim Of Bad Medical Malpractice, We Can Offer Suggestions.
5. New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
6. Kenneth Vercammen is the Keynote Speaker at the Sixty-First Semi-Annual Tax & Estate Planning Forum.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings!
Recent Important Cases...
1. Police do Not Always Need to Readminister Miranda Warnings.
State v. Nyhammer 197 NJ 383 (2009)
The trial court did not err in finding, based on the totality of the circumstances, that Nyhammer knowingly, voluntarily, and intelligently waived his Miranda rights under both federal and state law. Thus, the trial court did not abuse its discretion in admitting Nyhammer's confession into evidence. Further, a defendant cannot assert that he was denied his right of confrontation under the federal and state constitutions unless he first attempts to cross-examine the witness on the core accusations in the case. Nyhammer had the opportunity to cross-examine the child-victim at trial about her out-of-court testimony implicating him in the crime but chose not to do so; therefore, he cannot claim that he was denied his right of confrontation.
2. Drifting within a Lane Supports MV Stop by Cops. State v. Woodruff 403 NJ Super 620 (Law Div. Mercer 2008)
In this Law Division opinion a court construed the provisions of the lane violation statute. N.J.S.A. 39:4-88(b). The Law Division held that it is not necessary for the State to demonstrate that weaving in a lane would affect the safety of other drivers. The Court also held that two instances of observed weaving within a lane constituted sufficient reasonable suspicion for the officer to effect a motor vehicle stop of the offending auto.
Source: Muni-Mail 11/24/2008
3. No Sequestration of Defense Expert in DWI Case. State v. Popovich 405 NJ Super. 324 (App. Div. 2009)
Defendant's conviction is reversed; the trial court erred when it ruled that defendant's expert was subject to a sequestration order and would not permit the expert to watch the trial testimony. State v. Lanzel, 253 N.J. Super. 168 (Law Div. 1991) was distinguished.
4. If You Are a Victim Of Bad Medical Malpractice, We Can Offer Suggestions.
Doctors and other health care providers are supposed to adhere to a reasonable standard of care when treating a patient. Rarely, minimum standards are not met, and serious injuries occur as a result. When this happens, a person may have a medical malpractice claim.
If you believe you are the victim of medical malpractice, schedule a free consultation. We can analyze your case and advise you if you have a strong claim.
5. New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
Shoplifting Law:
http://www.youtube.com/watch?v=xNtwDXd9aH4&feature=channel_page
Truck Liability for Accidents:
http://www.youtube.com/watch?v=7KVqiZCGWAc
Slip & Fall Injury:
http://www.youtube.com/watch?v=BrspSxUIvOk&feature=channel_page
Bicycle Accidents and Recovery for Injuries:
http://www.youtube.com/watch?v=KXhqzVmp8Vs&feature=channel_page
Defense to Criminal Charges:
http://www.youtube.com/watch?v=lebvmb80-84&feature=channel_page
6. Kenneth Vercammen is the Keynote Speaker at the Sixty-First Semi-Annual Tax & Estate Planning Forum.
Presented in cooperation with the NJ State Bar Taxation Section and Institute for Continuing Legal Education
Wednesday, June 10, 2009
9:00 AM to 5:00 PM
New Jersey Law Center, New Brunswick / S127-14950
In 1977, NJICLE presented the First Semi-Annual Tax & Estate Planning Forum, designed to provide an opportunity for attorneys, accountants and life underwriters to keep up with changes in this complex area of law. Now more than ever, the ability to meet your clients' needs is dependent upon your ability to keep up to date with the law, regulations, and available planning techniques. The proper approach to any given situation may be even less clear, and more dependent upon your informed professional judgment.
Join the speakers and your colleagues at this 61st Semi-Annual program. As in past years, the program provides an opportunity to network with your peers and exchange viewpoints on how to resolve today's most challenging problems.
Explore today's hottest tax and estate planning topics at this popular semi-annual forum:
Client Motivations & Goals in the Estate Planning Process; The Standards for Undue Influence: Shifting the Burden of Proof Through Summary Judgment; Contingent & Vested Reminders: The Surprising Consequences for Family Members in Credit Shelter Trust Planning and Other Trust Arrangements; Generation Skipping and Other Tax Issues Raised by Vesting Issues; Recent Estate and Gift Tax Developments; The Use of Grantor Trusts After Revenue Ruling 2008-22; The Standard of Care in Estate Tax Planning Malpractice Claims Against Attorneys; The Estate Attorney's Fiduciary Duties: New Case Law & Practice Pointers to Avoid Potential Malpractice Liability; and more.
Moderators/Speakers:
JOHN J. MIESOWITZ, ESQ.
Ventura,Miesowitz, Albano, Keough & Warner (Summit)
JOHN L. PRITCHARD, ESQ.
Law Offices of John L. Pritchard, Esq. (Union)
Keynote Presentation by:
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
K. Vercammen & Associates (Edison)
Speakers include:
BRENDA L. EUTSLER, ESQ.
Asbell, Kushner & Eutsler, PA (Cherry Hill)
JAY J. FREIREICH, ESQ.
Poe & Freireich, PA (Florham Park)
RICHARD H. GREENBERG, ESQ.
Greenberg & Schulman (Woodbridge)
GLENN A. HENKEL, ESQ. J.D., LL.M., CPA, A.E.P.
Author: "New Jersey Estate Planning Manual: Theory, Practice & Forms" (2007, NJICLE)
Editor & Contributing Author: "Estate & Trust Litigation" (2006, NJICLE)
Editor & Contributing Author: "New Jersey Probate Procedures Manual" (2009)
Kulzer & DiPadova (Haddonfield)
JACK F. MEOLA, ESQ., CPA
Amper Politziner & Mattia (Bridgewater)
ANITA J. SIEGEL, ESQ.
2001 Clapp Laureate
Siegel & Bergman, LLC (Morristown)
M. J. SULLY, ESQ.
Special Counsel
Essex County Surrogate Court (Newark)
STEPHEN K. WARNER, ESQ.
Ventura, Miesowitz, Albano, Keough & Warner (Summit)
Tuition Fees:
SAVINGS YOU LIKE!
Register by 5/15 for only $99! (New registrations only. No other discounts apply)
General Tuition (REG) $199.00
NJICLE Season Tickets (STX) 2 Season Ticket(s)
MEMBERS, CO-SPONSORING SECTION (COS) $149.00
MEMBERS, NJSBA (NJB) $159.00
MEMBERS, NJSBA (YLD) $149.00
Recent admittees (past 2 years) (YL) $169.00
Paralegals (PAR) $129.00
Law Students (with Student ID) (STU) $50.00
Full Time Judges (JUD) $50.00 JUD
DOOR REGISTRATIONS: $219
Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee. PLEASE CALL FIRST to confirm the seminar schedule and space availability.
*NJSBA Member Price - To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.
Subscribe to:
Posts (Atom)