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In this Issue:
1. Court Must Examine Perceived Attorney
Conflict Before Hearing Motion to Adjourn.
2. No Suppression of Blood Result from 2008
Based on 2013 New Case.
3. YouTube Video: Expunging a
Record.
4. Next Events
Recent Cases:
1. Court Must Examine Perceived Attorney Conflict
Before Hearing Motion to Adjourn.
State v Vasquez 432 NJ Super 354
(App. Div. 2013)
The court considered the recurring dilemma
confronting trial courts when a defendant expresses dissatisfaction with
representation by current counsel at sentencing after the court has
denied an adjournment request to obtain new counsel. The court
placed on the record strong and sustainable reasons justifying denial of
the adjournment request. However, because the court failed to
address defense counsel's perceived conflict in his continued
representation of defendant, the court was constrained to vacate the
sentence and remand.
2. No Suppression of Blood Result from 2008 Based on
2013 New Case.
State v Adkins __ NJ Super. __ (App. Div. 2013)
A-5748-12T4
Addressing the impact of Missouri
v. McNeely, 133 S. Ct. 1552, (2013), on pending cases involving
warrantless blood tests, the court reversed a trial court order
suppressing blood evidence in a DWI and assault-by-auto case. Consistent
with long-standing rulings of the New Jersey Supreme Court, the police
obtained the blood sample from defendant without a search warrant.
Thereafter, the United States Supreme Court unexpectedly changed the
legal landscape by issuing a ruling that construed the Fourth Amendment
more broadly than our Court.
On these facts, under Davis v. United States, 131 S. Ct.
2419, suppression would not be the appropriate remedy under
federal constitutional law, because the New Jersey police were acting
lawfully under established New Jersey precedent at the time of the
search. Further, had our own Supreme Court issued the McNeely ruling as a
construction of the New Jersey Constitution, the ruling would not have
been applied retroactively. Under these unusual and very limited
circumstances, the court held that suppression of the evidence in this
case was not required.
3. YouTube Video: Expunging a Record. If
you wish to expunge a prior criminal record please call to schedule a
consultation.
4. Next Events:
Wed.,
Feb. 19 NJSBA Black History Month Reception
Thursday, February 20 2 p.m. NJSBA Fourth Annual
Diversity Summit
This
year's program will examine, discuss and find pathways to move forward on
the pressing issues surrounding diversity in the legal profession
Feb
20 Edison Chamber of Commerce Annual State of the Town
Address - Pines
February 22, 2014
Band Night at Edison Elks
with the Saloonatics Classic Rock Band
7pm-11pm, $20 pp Snacks included
March
1st
"Ethical Marketing" at the SoIo and Small Firm Conference.
Hyatt in Morristown Ken V is speaker
March
2 Belmar St. Patrick Parade (1st
Sunday every year)
March
8 South Amboy St. Patrick Parade
March
9 St Patrick Parade - Woodbridge
March
15th
SoIo
and Small Firm Conference The Mansion in Voorhees Ken V is speaker [near
Cherry Hill]
March
16 West Orange St. Patrick Parade
March
20 Middlesex County Bar Awards Dinner - Pines [Ken V is
past winner of Municipal Court Attorney of the Year]
March
29 Edison Elks Installation
March
31 Municipal Court College 5:30-9 Law Center
Ken V is speaker
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