E369 1. Recent Cases: Person Living in Home as Guest could be Household Member under Domestic Violence Act. 2. Unsigned Confession can be used to Refr

NJ Laws Email Newsletter E369 Kenneth Vercammen, Attorney at Law June 1, 2011

Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 1. Recent Cases: Person Living in Home as Guest could be Household Member under Domestic Violence Act. 2. Unsigned Confession can be used to Refresh Witness during Trial. 3. 2011 Update Wills and Estate Planning- Free Lunch & Law Seminar. 4. Welcome Summer Law Students. 5. If You Are Hurt In An Accident, We Can Help.Motion to Suppress Granted when Police did not Obtain Telephonic Search Warrant for Car.

Recent Cases: 1. Person Living in Home as Guest could be Household Member under Domestic Violence Act. S.Z. v M.C. 617 NJ Super. 627 (App. Div. 2011) The court reverse the trial court and find jurisdiction under the "household member" provision of the Prevention of Domestic Violence Act in a situation where the male defendant was a guest in the male plaintiff's home, living with plaintiff and his wife and children for seven months. While living with plaintiff, defendant allegedly climbed a ladder placed against the home to peep through a window at plaintiff coming out of the show the court. Ten months after being thrown out of the home, defendant allegedly follow the court plaintiff and planted a secret camera in plaintiff's truck to surreptitiously record him. Although the two men never had a traditional familial, romantic or sexual relationship, the court find that neither the incompatible sexual orientations. 2. Unsigned Confession can be used to Refresh Witness during Trial. State v. Gore 205 NJ 363 (A-77-09) State v. Cleveland, 6 N.J., 316 (1951), is superseded by the New Jersey Rules of Evidence. Rule 803(c)(5) permits the admission of a defendant's unsigned and unacknowledged transcribed statement, used to refresh a witness' memory as past recollection recorded, provided there is no objection and all foundational requirements, including Rule 803(b)(1), are satisfied. Although the trial court erroneously permitted the formal confession statement to be moved into evidence after the record had closed, plain error does not exist because there is no reasonable likelihood that admission of the statement caused the jury to reach a conclusion that it otherwise would not have reached. 2011 Update Wills and Estate Planning- Free Lunch & Law Seminar WHEN: Friday June 24, 2011 12:15-1:00 PM WHERE: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817 Invited: Clients, Friends, Seniors, Accountants, CPA's, Financial Planners, Insurance Producers, Nursing Home Administrators, Hospital and Nursing Home Social Workers COST: Free if you pre-register. Please bring a canned food donation, which will be given to the St. James Food Bank located on Woodbridge Avenue in Edison, NJ. Please email us if you plan on attending or if you would like us to email the materials. Complimentary Sandwiches and materials provided at 12:00 sharp. We previously held this seminar for the Metuchen and Edison Adult schools. This program is limited to 15 people. Re-scheduled from the January 12 snow cancellation. SPEAKER: Kenneth Vercammen, Esq. (Author- Answers to Questions About Probate) The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey. Main Topics: 1. The New Probate Law and preparation of Wills 2. 2011 changes in Federal Estate and Gift Tax 3. NJ Inheritance taxes on estates over $675,000 4. Power of Attorney 5. Living Will 6. Administering the Estate/ Probate/Surrogate 7. Question and Answer COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts. Co-Sponsor: Middlesex County Estate Planning Council To attend or for Information: Mike McDonald 732-572-0500 or email VercammenLaw@njlaws.com 4. Welcome Summer Law Students: Kenneth Vercammen and Associates welcomes the following summer law students who are workings on Public Defender matters, community seminars, and are updating the Public Defender's Criminal Article Blog: Ashley Kolata will be entering her second year at Rutgers School of Law in Newark, NJ and obtained her M.A. from the University of Wisconsin. She also has participated in the Street Law Program in Newark NJ, teaching legal concepts to high school students. Roman Guzik will also be entering his second year at Rutgers University School of Law in Newark, NJ. He received his B.S. at John Jay College of Criminal Justice, CUNY, New York, NY and has obtained ALS Legal Certification. Matthew Sheptuk will be entering his second year at Georgetown University Law School. Mr. Sheptuk received his B.A. in American Studies from Georgetown University. Christian Vera will be entering his third year at New York Law School. Mr. Vera received his B.A. from Seton Hall Law School. He speaks fluently in Spanish. 5. If You Are Hurt In An Accident, We Can Help If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only - Not insurance companies. We Will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. We offer a free, no-obligation consultation. Editorial Assistance provided Christian Vera. Mr. Vera is currently participating in our Kenneth Vercammen's summer internship program.