E541
In this Issue:
1. Offer for Networking groups to Co-Sponsor Networking Social.
2. Evidence here should not have been excluded.
3. Guilty plea could be withdrawn.
4. Charity Events
5. Memorial Day Events
6. Reflections on Memorial Day
7. Real Estate Sales - Time to Prepare your Home for Sale
1. Offer for Networking groups such as BNI, LeTip, Chamber of Commerce, etc to Co-Sponsor Happy Hour and Networking Social at Bar Anticipation.
Every year different Professional groups and Sections of the NJ State Bar Association have co-sponsored a Happy Hour and Social event for attorneys and business professionals. The Annual Summer Networking Happy Hour is July 13 at Bar Anticipation from 5:30-7:30.
There will be no cost to the non-profit networking group, and great benefit for your members. It may even be a source of new members. We only ask that you help publicize the event. There will be a will have a small table to greet members.
Location: Bar Anticipation
703 16th Avenue
Lake Como/ Belmar, NJ 07719
6 blocks from ocean and 4 blocks from train station
Free food 5:15-7:15. The reduced price Happy Hour is 6-7PM with $2.00 House Drink, House Wine Special or Bud/Bud Light draft. We provide special VIP wristband.
We ask each attendee to bring a canned food donation for the St. Matthews St. Vincent Food Bank.
I hope you will speak to your officers and get back to me as soon as possible. Contact Chair Kenneth Vercammen 732-572-0500
New Cases...
2. Evidence here should not have been excluded where lab report not yet provided by lab to pros. State v Washington.
The Appellate Division ruled that the State Police Lab's draft DNA report was not "within the possession, custody or control of the prosecutor" until the lab sent it to the county prosecutor, and in any event was not discoverable until the report was reviewed and approved by the lab. R. 3:13-3(b)(1)(C). Regardless of the speedy trial provisions, the court abused its discretion by excluding the DNA evidence rather than granting a continuance of trial under Rule 3:13-3(b)(1)(I) and -3(f), given the evidence's importance and the absence of surprise, prejudice, or a design to mislead.
Under the speedy trial rule and statute, a case may be "complex" if it has "complicated evidence," but time is excludable only if the complexity makes it unreasonable to expect adequate preparation for trial in the speedy trial period. R. 3:5-4(i)(7); N.J.S.A. 2A:162-22(b)(1)(g). The provision addressing failures to produce discovery is a limit on excludable time. N.J.S.A. 2A:162-22(b)(2). The court properly excluded time sua sponte under N.J.S.A. 2A:162-22(b)(1)(c), and retained jurisdiction to do so after the State sought and obtained leave to appeal. That provision excludes the time while an emergent relief request, or interlocutory appeal, is pending in this court. Time while the trial is stayed is excludable under N.J.S.A. 2A:162-22(b)(1)(l).
3. Guilty plea could be withdrawn here where defendant claimed innocence at sentencing. State v Belton.
In this PCR appeal, defendant collaterally challenged his conviction, after a guilty plea, to aggravated manslaughter. The panel concludes that defendant, in the course of his allocution, suggested a defense of others that was inconsistent with guilt; his waiver of that defense was not knowingly made; therefore, he did not present a sufficient factual basis of guilt. In reaching this conclusion, the panel applies the principles set forth inState v. Urbina, 221 N.J. 509 (2015), although that case involved a claim of self-defense, rather than the defense of others, suggested in the course of a guilty plea. In view of defendant's contemporaneous claim of innocence, the panel held that the failure to elicit a sufficient factual basis was of constitutional dimension and warrants PCR. A-0971-16T1
4. Charity running
May 25, 2018 "Legends of Belmar" Friday night of Memorial Day - "Start of Summer Happy Hour with the Legends of Belmar" Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jais 5:30 free food Ocean Ave. Belmar, 7:30 Bar Anticipation 16th Ave not a race, just social event.The greats of Belmar beach volleyball, friends of Holme band and the beach start Memorial Day at D'Jais & Bar A. Give out American Flag stickers to lucky customers to show your support for USA and those who served. Marty P, John C. Jim W, Chris K, maybe even Daniel-son
May 26, 2018 Spring Lake Five Mile Run Saturday 8:30am then free food at Bar A.
May 27, 2018 Navesink 1.2 mile swim 8:15 AM
May 28, 2018 North Brunswick 5k
June 2, 2018 Elk's Flag Day Parade, Wildwood
June 9, 2018 Pancreatic Cancer 5k Run for a Cure, 8am, Roosevelt Park, Edison
June 10, 2018 South Brunswick 25 mile bike
5. Memorial Day events
May 27, 2018 Edison Memorial Day Parade 12 noon Along Plainfield Avenue: Starting from Edison Library Division and ending at American Legion Post 435 Father & Son on Oakland Avenue for refreshments.
Son & grandsons of Veterans should join the Sons of American Legion
S.A.L. Membership Eligibility Requirements
All male descendants, adopted sons and stepsons of members of the American Legion, and such male descendants of veterans who died in Service during World I, World War II, the Korean War, the Vietnam War, Lebanon, Grenada, Panama, the Persian Gulf War and the War on Terrorism, during the delimiting periods set forth in Article IV, Section 1, of the National Constitution of The American Legion, or who died subsequent to their honorable discharge from such service, shall be eligible for Membership in the Sons of The American Legion. Ken Vercammen is a member of the Sons of American Legion in Edison. Dues only $20.00 per year. Hall available for rental
American Legion Father & Son Post 435
43 Oakland Ave,
Edison, NJ 08817
Phone: (732) 985-9768
May 28, 2018 North Brunswick Memorial Day 5k 8:30am North Brunswick Community Park Route 130 South
May 28, 2018 METUCHEN AREA CHAMBER OF COMMERCE Annual Parade & Ceremony in honor of MEMORIAL DAY Monday, -A Century of Service, Honoring our American Legion Post 65 & Boy Scout Troop 14 with Grand Marshals CW4 Isabella Giordano, U.S. Navy (Ret.) Verna Martin, U.S. Army (Ret.)
New PARADE route at 10am-From Brunswick Avenue & Edgar School, proceeding north on Main Street to New Street, to end at the Plaza for the CEREMONY at 11:30am
6. Reflections on Memorial Day
Memorial Day should be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns hold parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those the fell in service to their country.
We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness.
"If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays." -- F L Lloyd West Chester, Pa USA
On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay.
Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general public's nonchalant observance of Memorial Day." -- VFW Memorial Day address.
7. Real Estate Sales - Time to Prepare your Home for Sale
To better serve our Probate and Senior citizen clients, Kenneth Vercammen had taken and passed the NJ Real Estate Salesperson test. The examination consists of numerous questions taken over a 4-hour period after taking numerous classes. Mr. Vercammen can help serve as a licensed real estate agent. Even if we cannot handle the closing, we can refer you to realtors or attorneys experienced in real estate purchases or sales. Call us if prior to listing if you are selling your house.
Editorial assistance provided by Sean Giblin who is currently participating in Kenneth Vercammen's Summer Internship Program. Mr. Giblin will be entering his second year at Rutgers Law School in Camden in September.
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