NJ Laws Email Newsletter E312
Kenneth Vercammen, Attorney at Law
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August 12, 2009
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In This Issue:
1. Thank you attendees 50th Birthday Party
Recent Important Cases:
2. US Supreme Court Rules Lab Report Not Admissible in Criminal Case.
3. In DWI Alcotest, State Must Prove Defendant was Observed for 20 Minutes Prior
to Test.
4. Miranda Violation cannot be Asserted by Co-defendant.
5. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen
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1. Thank you attendees 50th Birthday Party
I thank the numerous friends who attended the 50th Birthday Party for Ken Vercammen
& Jim Capraro. I was honored that so many relatives and neighbors could attend.
We enjoyed sharing stories of great achievements such as winning the Tug-of-War
Championship with Steve Vercammen, Chris Knigge and Greg Halpin.
This party also celebrated my 20 year wedding anniversary with Cynthia. I enjoyed signing "The Wanderer" with groomsmen Mike Sydor, Lance Tkacs, Mike Brennan and Gordon Chin. It was good to see original 1975 summer blast attendee Bob "Huey" Dillon and also Scranton great Young Ray Miller. Numerous prominent attorneys and public officials attended.
Athletes from the Raritan Valley Road Runners RVRR and Jersey Shore Running Club
entertained the neighbors with great, and not as great, karoake singing. A new record was set with 14 people in the Hot Tub. The bottles and gifts received will
be put to good use at future parties.
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Recent Important Cases:
2. US Supreme Court Rules Lab Report Not Admissible in Criminal Case. Melendez-Diaz
v. Mass 129 S.Ct. 2527 (2009)
Defendant's drug conviction is reversed, where the trial court's admission of the
prosecution's certificates by laboratory analysts, stating that material seized
by police and connected to Defendant was cocaine of a certain quantity, violated
petitioner's Sixth Amendment right to confront the witnesses against him.
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3. In DWI Alcotest, State Must Prove Defendant was Observed for 20 Minutes Prior
to Test. State v. Filson___ NJ Super. ___ (Law Div. 2009)
In a DWI municipal appeal, the court held that before Alcotest results may be admitted into evidence, the state must prove, by clear and convincing evidence, that the defendant was observed for 20 minutes before taking the test. Eye-to-eye monitoring is not necessarily required, if the defendant is observed by sound and smell. Yet, if the observer leaves the room during the 20 minutes, observation must begin anew.
What suffices as observation must be determined in view of the observation requirement's purpose to assure that the suspect has not ingested or regurgitated substances that would confound the test results.
Source: New Jersey Law Journal July 27, 2009
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4. Miranda Violation cannot be Asserted by Co-defendant. State v. Baum 199 NJ 407
(2009)
Defendant Jermel Moore's motion to suppress evidence found during a warrantless
search of the vehicle in which he was riding should have been denied because he
did not have standing to argue that the driver's right against self-incrimination
was violated and because the search was not unreasonable.
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5. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen
Three races in one morning:
8/15 Long Branch Sprint Triathlon Series-
Aug 16 400 mtr swim, 9.5 mile bike,
3 mile run 6:45am
Long Branch NJ Sandy Hooker Event
8/15 Bradley Beach 5k 8:30am
8/15 Rumson Hash Monmouth Park Trail run 10:17am
also 8/16 Born to Tri Asbury Park Swim 1/3 mile, Bike 13.5 miles, Run 3.5 miles
Jersey Shore Tri Club
If you are attending any of these races, please call or email Ken V. Often we car
pool or met at these events. If you can run, you can volunteer, or walk the course.
