NJ Laws Email Newsletter E404Kenneth Vercammen, Attorney at Law
September 5, 2012
Office Phone Number:
www.njlaws.comIn This Issue:Recent Cases:1. Defendant Maybe Able to WithdrawGuilty Plea ifColorable Claim ofInnocence.2. No Violation ofDefendant's RightsWhere Police EnteredBedroom Knowingthe Defendant wasPotentially Armed.3. No Constitutional
Privacy in Cell PhoneNumber.4. July 20 Bar APhotos5. Fun UpcomingRunning Races
1. Defendant May be Able to Withdraw Guilty Plea if Colorable Claim of Innocence. State v. Munroe 210 NJ 429 (2012)The trial court mistakenly exercised its discretion and should have allowed defendant to withdraw his guilty plea in the interests of justice under the factors set forth in Slater. Defendant asserted a colorable claim of innocence based on a plausible defense of self-defense; there would not have been undue delay or prejudice had the case proceeded to trial; and the factual issues in dispute identified by the trial court should have been decided by a jury.2. No Violation of Defendant's Rights Where Police Entered Bedroom Knowing the Defendant Was Potentially Armed. State v . Craft 425 NJ Super. 5467 (App. Div. 2012)The primary issue in this case is whether the police violated defendant's constitutional rights when they entered a bedroom in his mother's apartment without a search warrant. The court concluded that the police officers' actions were objectively reasonable because the officers had reason to believe defendant was in the bedroom, they knew he was potentially armed and dangerous, and it was impracticable to obtain a search warrant. The court therefore reversed the order granting defendant's motion to suppress a handgun and cocaine that were in plain view when the police entered the bedroom.3. No Constitutional Privacy in Cell Phone Number. State v. DeFranco 426 NJ Super. 240 (App. Div. 2012)The court held that a defendant school teacher, who had previously sexually assaulted a student, did not have a reasonable expectation of privacy in his cell phone number when, at an earlier time, he had given his prior number to the student, did not seek to hide the new number from him, and had disclosed the number to the school for inclusion in its Staff Directory and to multiple parents and students in connection with a school trip that defendant was chaperoning. The court found further that the school's Resource Officer, a policeman functioning in that dual capacity, who was aware of the student's allegations of sexual assault, acted reasonably in requesting the number from the secretary to the school's principal, and that the school acted reasonably in disclosing the number to the officer. As a consequence, the court affirmed the trial court's decision to deny defendant's motion to suppress the transcript of a telephone call between him and the student that was intercepted by the police as a means for corroborating the student's claim of sexual assault with a juvenile.4. July 20 Bar A Photos
We also thank Bar A for hosting the WFAN radio show on August 24 and inviting the Bar A VIP's to happy hourKen Vercammen with Smithereens lead Pat DiNizio The Smithereens are a rock band from Carteret, New Jersey, United States. The group formed in 1980 with members Pat DiNizio (vocals & guitar), Jim Babjak (guitar & vocals),Ken Vercammen with Mike Francesa. WFAN,Ken Vercammen with Tiki Barber NY Giants Hall of Famer5. Fun Upcoming Running Races 2012 Selected by Kenneth VercammenIf you are attending any of these charity races, please call or email Ken V. Often we car pool or meet at these events.9/8/12 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30 Co-Sponsor Wakefern9/8/12 Cranbury Day 5k 9am9/8/12 Brielle 10k 9am & beer garden9/9/12 Senior Olympics bike Woodbridge9/11/12 911 Memorial run Belmar 6pm Belmar [not a race]9/22/12 Run for Warriors Rutgers Wakefern co-sponsor9/23/12 PB Tri9/30/12 Lavallette Sprint triathlon Swim ¼ mile, Bike 12 miles, Run 3.1 mile9/30/12 Jersey Shore Half Marathon & Lighthouse 5k Sandy Hook 9amEditorial Assistance provided by Ogechi Onyeani. Ms. Onyeani graduated from Michigan State University College of Law in 2010. She is currently participating in Kenneth Vercammen's Fall Internship Program.