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Friday, November 10, 2006

NJ Laws Newsletter E227 November 1, 2006

In this issue:
1 Marketing Survey for ABA Article
2 New Laws Upgrades simple assault against a private school teacher
2C:33-8.1 Makes it a disorderly persons offense to purposely disrupt funeral
3. Police Could Not Search Bag in Stolen Car Without a Warrant
4. Eyewitness 911 Call to Report Attack Admissible as Excited Utterance
5 NJ Supreme Court rejects Gay marriage in New Jersey but supports equal rights


Greetings friends. I serve as the Chair of the Elder Law Committee of the American Bar Association- General Practice Division.
I am organizing an article on marketing and public relations for a business. To help us, we request professionals and business owner to please fill out the below form and either fax, mail or even email your response to my office. Supply a marketing tip and you will receive credit.
1 Best sources of regular new business: _____________
2. Your marketing home run. Something you did to try to get business that exceeded your expectations: _____________

3. Your marketing zero. Something you did marketing/ advertising that was not worth the time, money or effort: _____________

4. Future trends in the types of business you practice: _____________

5. Other suggestions for young professionals starting their business: _____________


2 New Laws N.J.S. 2C:1-14 and N.J.S. 2C:12-1.Â

2C:33-8.1 Makes it a disorderly persons offense to purposely disrupt funeral
The Legislature finds and declares:
    a. Families have a substantial interest in attending funeral services for their loved ones;
    b. The interests of families in privately and peacefully mourning the loss of their relatives are violated when funerals are targeted for disruption, picketing and other demonstrations;
    c. Such disruption causes emotional disturbance and distress to grieving families; and
    d. It is in the interest of the State of New Jersey to protect families’ privacy immediately prior to, during and after a funeral service.

Recent cases: 3. Police Could Not Search Bag in Stolen Car Without a Warrant. State v. Carroll 386 NJ Super. 143 (App. Div. 2006)

Although the warrantless police search and seizure of a bag with narcotics from a stolen vehicle following a police chase and the arrest of the vehicle's driver was not justified under the incident-to-arrest exception in light of the New Jersey Supreme Court's recent decisions in State v. Eckel and State v. Dunlap, the search was constitutional under the automobile exception and the doctrine of abandonment.
Source: Facts-on-Call Order No. 93053

4. Eyewitness 911 Call to Report Attack Admissible as Excited Utterance. State in the Interest of J.A 385 NJ Super. 544 (App. Div. 2006)

In this adjudication of delinquency, the non testifying eyewitness's description of an assailant -- which was made to the police by phone while he witnessed the attack and pursued the fleeing suspect -- was a present sense impression under N.J.R.E. 803(c)(1) and an excited utterance under N.J.R.E. 803(c)(2), and its admission into evidence did not violate the U.S. Supreme Court's decision in Crawford v. Washington.
Source: Facts-on-Call Order No. 93030

5 NJ Supreme Court rejects Gay marriage in New Jersey but supports equal rights

Lewis v. . Harris


Decided October 25, 2006 (Docket A-68-05)

Plaintiffs are seven same-sex couples who have been in permanent committed relationships for more than ten years. Each seeks to marry his or her partner and to enjoy the legal, financial, and social benefits that marriage affords. After being denied marriage licenses in their respective municipalities, plaintiffs sued challenging the constitutionality of the State's marriage statutes.

    In a complaint filed in the Superior Court, Law Division, plaintiffs sought a declaration that laws denying same-sex marriage violated the liberty and equal protection guarantees of Article I, Paragraph 1 of the New Jersey Constitution.

HELD: Denying committed same-sex couples the financial and social benefits and privileges given to their married heterosexual counterparts bears no substantial relationship to a legitimate governmental purpose. The Court holds that under the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution, committed same-sex couples must be afforded on equal terms the same rights and benefits enjoyed by opposite-sex couples under the civil marriage statutes. The name to be given to the statutory scheme that provides full rights and benefits to same-sex couples, whether marriage or some other term, is a matter left to the democratic process.

New- Our law blog- http://njlaws1.blogspot.com/
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Kenneth Vercammen, Esq.
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