NJ Laws Email Newsletter E305
Kenneth Vercammen, Attorney at Law
June 3, 2009
In This Issue
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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.
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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.
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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.
