NJ LAWS EMAIL NEWSLETTER E477
Kenneth Vercammen, Attorney at Law
September 29, 2015
In this Issue:
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| 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
E478
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.
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
Monday-Friday
2-3 hours per day Monday- Friday start 8:55am
$8.50 per hour
OTHER DUTIES
-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
732-572-0500
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.
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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.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
