2053 Woodbridge Avenue - Edison, NJ 08817

Monday, August 18, 2014

E447 1. Bar A Happy Hour Good Times 2. Penalties Increased for Cell Phone use in Car 3. State v. Bivins

Kenneth Vercammen, Attorney at Law

July 29, 2014
In this issue:

1. Bar A Happy Hour Good Times  
2. Penalties Increased for Cell Phone use in Car
3. Search no good where search away from location of search warrant.State v. Bivins 
4. PCR Hearing granted where defendant has colorable claim of innocence. State v. O'Donnell
5. Next Community Events

  1. Bar A Happy Hour Good Times 
    We thank the 150 friends and professionals who attended our Happy Hour & Networking Social at Bar Anticipation
    We appreciate the many attendees that donated canned goods to the St. James Food Bank.
    We thank the co-sponsors the NJ State Bar Association Municipal Court Section, Solo & Small Firm Division, Criminal Law Section, Young Lawyers Division, Family Law Section, Entertainment Arts & Sports Law Section, Banking Law Section, Women in the Profession Section, Minorities in the Profession Section, LGBT Rights Section, Real Property Trust and Estate Law Section Government & Public Sector Lawyers Special Committee, Renewable Energy Cleantech & Climate Change Special Committee, School Law Committee and Insurance Defense Committee, Somerset County Bar Association and Monmouth Bar Association.
    My family and I had a great time catching up with old friends and meeting new ones. Special thanks to Bar Anticipation's manager Johnny B who helped organize the event for our attendees. Kenneth Vercammen, Esq. has been having social events and participating in Bar Anticipation activities for over 20 years. We appreciate the generosity of co-owners Reggie Hyde, Pat Mastroli, and Tom Jannarone, Esq. Additional thanks to photographer Tony DeGano who took photos. Many are posted on Facebook athttps://www.facebook.com/groups/352912918123420.
    We look forward to seeing you and all your friends at our future events. We hope to have a big St. Patricks Day Happy Hour on March 13, 2015 at Bar A.

2.  Penalties Increased for Cell Phone use in Car 
    Effective July 1, 2014, 39:4-97.3   imposes increased fines for first, second and subsequent offenses of talking on a hand-held wireless telephone or texting a message with a hand-held wireless electronic communication device while driving.  Specifically, A person who violates this section shall be fined  as follows:
     (1)   for a first offense, not less than $200 or more than $400;
     (2)   for a second offense, not less than $400 or more than $600; and
   (3) For a third or subsequent offense, not less than $600 or more than $800.      
3. Search no good where search away from location of search warrant. State v. Bivins 435 NJ Super. 519 (App. Div. 2014)
    In this appeal, the court considers whether the scope of the permissible area and persons to be searched, pursuant to a search warrant, extends to the location where defendant was found, seated in a vehicle, parked on the street, five or six houses away from the premises where a search warrant was being executed. The motion judge found there was probable cause to search defendant based upon the search warrant. The court reverses the holding pursuant to Bailey v. United States, the search and seizure was beyond the spatial limits of the search warrant.  

4. PCR Hearing granted where defendant has colorable claim of innocence. State v. O'Donnell 435 NJ Super. 351 (App. Div. 2014)
     Defendant pleaded guilty to the murder of her six-year-old son. She received a thirty-year sentence with a thirty-year MPI. She alleges her attorney was ineffective by failing to diligently pursue a diminished capacity defense and failing to adequately consult with her before urging her to plead guilty. The court reverses the trial court's denial of PCR and remand for an evidentiary hearing.
   The court directs the court to separately apply the four-factor test governing plea withdrawal motions under State v. Slater, 198 N.J. 145 (2009), and the two-prong test governing PCR petitions under Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984). The court compares and contrasts the two standards. Both apply to defendant's application for relief. Although the standards sometimes overlap, they do not always lead to the same results. The court instructs the trial court not to conflate the two. The court also concludes that the court mistakenly set too high a threshold for satisfying the "colorable claim of innocence" factor under Slater.

5. Next Community Events
Aug 8- Bar Anticipation Friday night free food
August 9- Asbury Park 5K, Asbury Park, N.J. 8:30am Wakefern co-sponsor - benefiting Boys & Girls Clubs of Mon. Cty.
8/10- Belmar 1-mile swim
8/11- Holme Band at D'jais
8/16- Bradley Beach 5k co-Sponsor Wakefern 8:30
8/17- Ray Licata Long Branch Ocean Mile Swim 1 mile 8am
8/17- RVRR beach day
8/23- Edison Elks British Invasion Night

Like Us On: Facebook
Endorse Us On: Linkedin  https://www.linkedin.com/in/kennethvercammen
Editorial Assistance from Jillian Spielman, New York Law School 2015.