NJ LAWS EMAIL NEWSLETTER E495
Kenneth Vercammen, Attorney at Law
June 10, 2016
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Greetings!
In this issue:
1. 2016 update Wills and Estate Planning- Free Summer Seminar
Wednesday June 15, 2016;12:15-1:00 PM
2. Attorneys, Vendors, Professionals, Law Enforcement invited to NJSBA Happy Hour & Networking Social;July 15, 2016 Friday
atBar Anticipation
3. Rule on recording Custodial interrogations reviewed
State v Anthony.
4. Expert can only testify upon his own observations and not just read someone elses report.State v. Bass.
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1. 2016 update Wills and Estate Planning- Free Summer Seminar
Wednesday June 15, 2016
12:15-1:00 PM
Law Office of Kenneth Vercammen,
2053 Woodbridge Ave, Edison, NJ 08817
COST: Free if you pre-register by email. Complimentary materials provided at 12:00 sharp. We previously held this seminar for the Metuchen and Edison Library. This program is limited to 15 people. Please bring a canned food donation, which will be given to a community food bank. Please email us if you plan on attending or if you would like us to email the materials.
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. 2016 changes in Federal Estate and Gift Tax exemption
3. Reducing NJ Estate Tax on estates over $675,000
4. Power of Attorney
5. Living Will
6. Administering the Estate/ Probate/Surrogate
7. Question and Answer
2. Mark your calendar.........
Attorneys, Vendors, Professionals, Law Enforcement invited to NJSBA Happy Hour & Networking Social
July 15, 2016 Friday
atBar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
Free ! 5:30-7:55PM Hot & Cold Buffet
The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special
Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.
Email Ken Vercammens Law Office so we can put your name on the VIP list for wristbands. VercammenLaw@Njlaws.com
If your group, non-profit or organization wishes to co-sponsor the networking happy hour, please contact
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817
732-572-0500 VercammenLaw@Njlaws.com
2016 Co-sponsors NJ State Bar Association Municipal Court Section,
Criminal Law Section
Young Lawyers Division
LGBT Rights Section
Family Law Section
Minorities in the Profession Section MIPS
Immigration Law Section
Taxation Law Section
Women in the Profession Section WIPS
Labor and Employment Law Section
Solo and Small-Firm Section
Real Property, Trust and Estate Law Section
Federal Practice and Procedure Section
Business Law Section
Local Government Law Section
Banking Law Section
Special Committee for Paralegals
Insurance Defense Special Committee
Special Civil Part Special Committee,
Lawyers In Transition Special Committee,
School Law Special Committee
Automobile Litigation and No Fault Special Committee
Privacy Law Special Committee,
Fidelity and Surety Law Committee,
Monmouth County Bar Association
New Jersey Defense Association
NJ Institute of Local Government Attorneys
Retired Police & Fire Middlesex Monmouth Local 9
Greater Monmouth Chamber of Commerce, Lakewood Chamber of Commerce
Recent cases
3. Rule on recording Custodial interrogations reviewed.State v Anthony __ NJ Super __ (App. Div. 2016)
Rule 3:17(a) provides that, [unless one of the exceptions set forth in paragraph (b) are present, all custodial interrogations conducted in a place of detention must be electronically recorded when the person being interrogated is charged with certain listed crimes, including murder. However, subsection (b)(vi) excepts from the recordation requirement a statement . . . given at a time when the accused is not a suspect for the crime to which that statement relates while the accused is being interrogated for a different crime that does not require recordation[.]
In this case, defendant was arrested on an open motor vehicle warrant and interrogated regarding a homicide. The preliminary interrogation was not recorded, but, at some point, after concluding based on defendants statements that he was a suspect in the homicide, investigators recorded his statement on video. The trial judge denied defendants motion to suppress the statement and concluded there was no obligation to record the initial portion of the interrogation.
The court construed the somewhat ambiguous provisions of the Rule and conclude that an interrogation must be recorded if, taking into account the totality of the circumstances then known to the interrogator, a reasonable police officer would have a reasonable basis to believe defendant was a suspect in the crime about which he was being questioned. In this case, the court concluded that the trial judge properly determined that the investigators reasonably concluded that defendant was not a suspect when the interrogation began.
4. Expert can only testify upon his own observations and not just read someone elses report. State v. Bass __ NJ ___ (2016) (A-118-13)
The limitation on defendants cross-examination of Sinclair constituted reversible error. Defendant is entitled to a new trial on the charges of murder, attempted murder and the possession of a weapon for an unlawful purpose. In addition, the substitute expert read portions of the deceased medical examiners autopsy report to the jury, rather than testifying based on his own observations and conclusions, which violated defendants confrontation rights. On retrial, any expert testimony by a substitute medical examiner should conform to State v. Michaels, 219 N.J. 1, cert. denied, 135 S. Ct. 761, (2014), and State v. Roach, 219 N.J. 58 (2014), cert. denied, 135 S. Ct. 2348 (2015). Defendant was not entitled to an instruction on the use of force against an intruder because he voluntarily admitted the victims to his room.
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