2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, September 29, 2015

NJ Laws Newsletter E477

Kenneth Vercammen, Attorney at Law

September 29, 2015
In this Issue:
1.  Welcome Craig's Deli II to 2045 Woodbridge Ave., Edison, NJ 
Recent Cases:
2. Police could enter home for dropped 911 call.
3. Court should have adjourned case for defendant to hire own attorney. 
4. Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen
5.  HELP WANTED- Clerk for Law Office- envelope stuffing,   misc. clerk duties Oct 1- Nov 30
6.  Next free community seminars

1.  Welcome Craig's Deli II to 2045 Woodbridge Ave., Edison, NJ 
(732) 287-9299

    A recent review says "Best sub place in Edison! Better then tastee sub shop and better then super duper deli! Owners are so nice always asking how you are doing. Great prices! And also very very good breakfast sandwiches too!!! You should definitely stop in and try it you won't be disappointed!!"
Plus morning coffee
Recent important cases:
2. Police could enter home for dropped 911 call.  State v. Reece ___NJ ___ (2015)(A-79/80-13) 
      The emergency-aid doctrine justified the officers' warrantless entry into defendant's home. Based thereon, defendant's conviction for resisting arrest is affirmed, and defendant's conviction for obstruction is reinstated.
    A jury convicted defendant Brian Firman of third-degree possession of cocaine, third-degree possession of cocaine with intent to distribute and third-degree distribution of cocaine. Defendant appealed, asserting that a detective's testimony impermissibly crossed into expert testimony. Only if a police officer is properly qualified as an expert witness may he or she give opinion testimony explaining the implications of observed behaviors that may be beyond the understanding of a juror. In multiple portions of his direct examination, the detective expressed opinions that he was not allowed to make as a fact witness. The state did not dispute defendant's contention that the testimony exceeded its permissible scope. Nonetheless, the state asserts that any error was harmless due to the strength of the evidence against defendant. The appellate panel rejected that contention and reversed and remanded for a new trial, finding that the testimony impermissibly crossed into expert testimony and was capable of producing an unjust result.
3. Court should have adjourned case for defendant to hire own attorney.  State v. Martinez  440 NJ Super. 537 (App. Div. 2015)
    The court examined the tension between a trial court's discretionary "authority to control its own calendar" by denying an adjournment request and the need to safeguard "a defendant's Sixth Amendment right to a fair opportunity to secure counsel of his own choice" in light of State v. Miller, 216 N.J. 40, 62, 65 (2013). Guided by the framework for review set forth in State v. Hayes, 205 N.J. 522 (2011), the court concluded the denial of defendant's request to adjourn trial, without weighing the facts presented supporting the requested adjournment, reflects an arbitrary exaltation of expedience in case processing at the expense of defendant's right to counsel. Accordingly, the court vacated the judgment of conviction and remands the matter for a new trial. 
4. Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen
       If you are attending any of these charity races, please call or email Ken V.  at   Kenv@njaws.com Often we car pool or meet at these events. I update this list at: http://vercammensport.blogspot.com/
10/3      Metuchen Fair [not a race]
10/4    Jersey Shore Half Marathon & Lighthouse 5k   Sandy Hook 9:05 , then nice view from On the Deck Restaurant in Atlantic Highlands
10/11   East Brunswick 5k & 10k   1pm RVRR new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick)well run event Road closed to traffic   www.ebrr.org  , post race we go to Laurie's Lakeside on Farrington Lake, North Brunswick
10/17     Cranford 5k  co-sponsor by Wakefern Shoprite
10/18     Shrewsbury 5k   9am
10/ 24    Univ of Delaware 5k  
10/25     Trick or Trot 5k 11am now at Deal Casino
10/28     RVRR Halloween pub-crawl New Brunswick

5.  HELP WANTED- Clerk for Law Office- envelope stuffing,   misc. clerk duties Oct 1- Nov 30
2-3 hours per day  Monday- Friday     start 8:55am
$8.50 per hour
-Adding client names to computer database, prepare letters, and work on client traffic ticket matters.
- Preparation of documents on Computer and mail to courts
-Telephone Answering
-General Office duties in Law Office
-Update mailing/ client lists and learn marketing
-All other work needed including working on litigation cases
 Must be dependable and committed to perfection. 
     A good way to learn law office procedures
       Call Law Office of Kenneth Vercammen & Associates 
         Check out our website at www.njlaws.com to see more information on our law office.
6.  Next free community seminars
October 5, 2015 Power of Attorney & Living Will Seminar
 North Brunswick Chapter #3885 of AARP at 1pm
October 6, 2015 Colonia Seniors
Wills, Estate Planning & Probate Seminar
at 1:00pm      
Colonia Firehouse 250 Inman Ave., Colonia, NJ 07067
October 12, 2015  North Edison Library Wills, Estate Planning & Probate Seminar at 7pm    
New App Connects Public, Attorneys to Municipal Courts
              The New Jersey Judiciary has developed a mobile app that connects the public and attorneys to resources in the state's municipal courts, Chief Justice Stuart Rabner announced today.
              The NJMC (New Jersey Municipal Courts) app, available for Apple, Android and Windows mobile devices, presents information about the municipal courts available on the Judiciary's website, njcourts. com, in an easy-to-use mobile format.
              Using convenient one-touch links, users can pay traffic tickets and access the location, court hours, court leadership and contact information and directions to the state's 506 municipal courts and resources, including municipal division offices and information on how the municipal courts operate.
              "The development of the NJMC app is another example of how the Judiciary is working to connect the public to useful information on our website in a convenient way," said Chief Justice Rabner. "People come into contact with the municipal court more than any other part of the court system, so we hope that this information will be extremely valuable."
              The app is divided into three sections. The first allows users to pay traffic tickets online through NJMCdirect, the second is a searchable, alphabetical listing of the state's municipal courts, and the third includes links to the publication "Your Day in Municipal Court," which answers the most-asked questions about how a typical municipal court case proceeds.
              The NJMC app is the third app the Judiciary has developed. The NJAttorney app, released last year, has information attorneys use most frequently, including Notices to the Bar, directions and contact information for courthouses and the court rules and rules of evidence.
              The NJJuror app, released in 2013, offers jurors convenient access to information about their jury service, including directions, parking information, call-off messages and announcements, and contact information for local jury managers. A list of frequently asked questions and a link to the "You, the Juror" introductory video that all jurors watch at the beginning of their jury service also are available. All three apps are available for Apple, Android and Windows mobile devices.
Editor's Note and Disclaimer:
All materials Copyright 2015. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com