NJ LAWS EMAIL NEWSLETTER E513
Kenneth Vercammen, Attorney at Law
March 8, 2017
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Greetings!
In this issue:
1. Twitter statement admissible in criminal trials. State v Hannah.
2. No obstruction for failure to provide DL for parking ticket. State v Powers.
3. Next Community & Charity Events
Recent Cases:
1. Twitter statement admissible in criminal trials. State v Hannah.
Defendant was charged with hitting the victim in the face with her shoe. At trial, the State introduced a screenshot taken by the victim of a "tweet" allegedly posted by defendant after the incident saying "shoe to ya face." Defendant argues that this Twitter posting was improperly admitted into evidence, citing a Maryland case requiring that such social media postings must be subjected to a greater level of authentication. The Appellate Division rejects that contention, holding that New Jersey's current standards for authentication are adequate to evaluate social media postings. Under those standards, it was not an abuse of discretion to admit the tweet based on the presence of defendant's photo and Twitter handle, its content containing information specific to the parties involved, and its nature as a reply to the victim's communications. A-5741-14T3
2. No obstruction for failure to provide DL for parking ticket. State v Powers.
Defendant was convicted after a trial in municipal court, and again on appeal to the Law Division, of obstruction based on both physical interference and an "independently unlawful act." N.J.S.A. 2C: 29-1(a). The court remanded for findings that might illuminate the judge's conclusory determination that defendant physically interfered with a state trooper in the issuance of a parking ticket at a highway rest stop.
The court, however, also held that defendant, in these circumstances, could not be convicted of obstruction by means of "an independently unlawful act" that was based solely on N.J.S.A. 39:4-57, which provides that "[drivers of vehicles . . . shall at all times comply with any direction . . . of a member of a police department" when the officer is in the course of "enforcing a provision of this chapter." Defendant was outside his vehicle and, therefore not a driver, and the trooper was not enforcing Chapter 39 because he was only issuing a parking ticket. A-3764-14T2
3. Next Community & Charity Events
March 16, 2017 Sayreville Senior Center Wills, Estate Planning & Probate Seminar free open to the public
Friday, March 17 at 7 PM
March 18 Highlands Saint Patrick's Day Parade
March 19, 2017 St. Paddy's 8k now [approx. 5 miles] 9:30 Freehold beer and hot dogs great FARC event keg is outside. Dress warm FARC is a 501(c) 3 not for profit organization. which typically donate over $25,000 each year to local charities. https://www.facebook.com/events/591752044343192/
March 19 Elks Citizen of the Year Awards Dinner
Elks Citizen of the Year Awards dinner will be held at East Brunswick Elks Lodge on March 19 from 1 to 5, the cost is $20 per person
Kenneth Vercammen is the Edison Citizen of the Year. You do not need to be an Elk member to attend.
Madelyn Lenox PVP wrote: I would like to congratulate Ken Vercammen our Justice who has been chosen as our lodge's Citizen of the Year. Ken runs races for different charities. He donates to our local food banks. He shares his knowledge of the Law at seminars for free. He will be given the award at the District Dinner, which will be held on Sunday, March 19 at the East Brunswick Lodge. The cost of the ticket is $20.00. If you are interested in attending please contact Madelyn Lenox PVP at 732-572-2251.
Location: East Brunswick Elks 21 Oakmont Ave, East Brunswick, NJ 08816
March 19 South Amboy Parade Sunday http://www.southamboyparade.com/
March 20, 2017 Municipal Court College 5:30-9 Law Center
March 23, 2017 Piscataway Library Kennedy Branch Willsat 7pm
Great event by JerseyRunner.com & Gio Dr. T-shirt 800-435-0066
Saturday, March 25 Keyport Saint Patrick's Day Parade at 1:00 PM. https://www.facebook.com/Keyport-St-Patricks-Day-Parade-197482333774820/
March 25 Edison Elks Installation
- take digital photos to send to Media-
Sunday, March 26 at 1:30 PM
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