December 18, 2008

State of New Jersey v. Kevin C. Williams

A-4616-04T4
12-12-08

The Court held that there was no violation of an order of sequestration or defendant's constitutional rights when the victim remained in the courtroom after testifying, overheard defendant speak, and was recalled to make vocal identification.

Editor: Caitlin Yaeger

OFP, L.L.C. v. The State of New Jersey

A-76-07
12-9-08

The judgment of the Appellate Division is affirmed substantially for the reasons expressed in Judge Skillman’s opinion.

November 21, 2008

11-18-08 State of New Jersey v. Steven Stull

A-5097-06T4
Defendant was convicted of simple assault. He contends
that the evidence did not permit the trial court to find that he
caused "physical pain." N.J.S.A. 2C:11-1a; N.J.S.A. 2c:12-2a.
Defendant placed and held the victim in a headlock for twenty to
thirty seconds, squeezed his neck and yanked and swung him
around. There was no testimony about the victim's pain and he
did not sustain bruises or seek or receive treatment. We
conclude that the State met its obligation to prove guilt beyond
a reasonable doubt through proof of defendant's conduct and
inferences reasonable on the evidence as a whole.

Editor: Eric Waage

November 12, 2008

11-10-08 State of New Jersey v. Thomas E. Best

A-0891-07T4
A school principal may search a student's car parked on
school grounds whenever, under the totality of the
circumstances, the principal reasonably suspects that evidence
of criminal activity will be found in the vehicle. In light of
the strong State interest in maintaining order, safety and
discipline in the school environment, neither probable cause nor
a warrant is required.

Editor: Eric Waage

11-10-08 State v. Ernest Spell

(A-99-07)

The Court affirms defendant’s conviction substantially for the
reasons expressed by the Appellate Division. The Court vacates
that part of the Appellate Division’s holding that requires
police officers to read the final, additional paragraph of the
standard statement whenever a defendant refuses to provide a
breath sample immediately upon request.

November 10, 2008

Winter/ Christmas Break- 3 week Full time Volunteer Internship for Public Defender and Law Office

Winter/ Christmas Break- 3 week Full time Volunteer Internship for Public Defender and Law Office


The Law Office of Kenneth Vercammen established a special Winter break legal internship program for 3rd & 4th year college students . For the Winter/ Christmas program selected interns must work 30 hours per week for 3 weeks minimum

The "Law Clerk Mentor/Internship Program" is now in its 12th year. Students interested in a career in law obtain experience in law office procedures, preparing legal correspondence, and assisting clients. Students will also help the Metuchen Public Defender.
The Public Defenders provide Indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender of Metuchen invites students interested in attending law school or a career in law enforcement to apply to serve as volunteer interns. Volunteer Law Clerk interns will attend Wednesday evening and Friday afternoon court sessions.

Interested students must mail or fax a cover letter indicating the internship they are applying for and resume

LAW OFFICE WINTER/ CHRISTMAS BREAK- VOLUNTEER INTERNSHIPS EDISON, N.J.
Volunteer students will have an the opportunity to work in a busy law office and work with real clients.

1 WORK ON MUNICIPAL COURT CASES
-MAKE DEMANDS FOR DISCOVERY AND REVIEW POLICE REPORTS
-ATTEND TRIALS AND LEARN FROM EXPERIENCED TRIAL ATTORNEYS,
-PREPARE MOTIONS TO SUPPRESS AND MOTIONS TO DISMISS
-CONDUCT APPROPRIATE LEGAL RESEARCH
- ACQUIRE SKILLS IN CRIMINAL LAW AND PROCEDURE BY ACTIVE PARTICIPATION
- PARTICIPATE IN PUBLIC RELATIONS ACTIVITIES and help set up seminars
- Update Lists of Prosecutors, Judges and Attorneys for publication of
NJ Municipal Court Law Review
- Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites.

Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude. In additional to time in court, you will be given research assignments.

2. WORK ON CRIMINAL AND DWI CASES
- CONTACT MUNICIPAL PROSECUTOR TO OBTAIN DISCOVERY
-CONTACTS WITH COURT AND COUNTY PROSECUTOR'S OFFICE
-PREPARE DISCOVERY DEMANDS
-EVIDENCE REVIEW AND ORGANIZATION
-PREPARATION FOR TRIAL AND ATTEND HEARINGS
3. WILLS & PROBATE PRACTICE
- ACT AS FORMAL WITNESS TO WILLS, POWER OF ATTORNEY AND OTHER LEGAL DOCUMENTS
-PUBLICIZE WILL SEMINARS AND ATTEND PROGRAMS FREE OF CHARGE
4 -WORK ON COMMUNITY RELATIONS AND MARKETING including submitting articles to legal websites and search engines

5. WORK ON PLAINTIFF PERSONAL INJURY & LITIGATION MATTERS
-ACCIDENT INVESTIGATION AND WITNESS CONTACTS
-CONTACT DOCTORS AND HOSPITALS TO OBTAIN MEDICAL RECORDS
-MEDICAL & EVIDENCE REVIEW
-CONTACT DEFENSE ATTORNEYS TO REQUEST DISCOVERY
-PREPARATION OF COMPLAINT, SERVICE ON DEFENDANTS
- ANSWERING & SERVING INTERROGATORIES AND OTHER DISCOVERY REQUESTS
-ATTEND HEARINGS

For the Winter/ Christmas program selected interns must work 30 hours per week for 3 weeks minimum
This is an excellent opportunity to gain valuable experience as a volunteer intern and learn New Jersey Practice and Procedure. Build your resume and obtain marketable skills. Longer hours or weeks permitted. On Tuesday night and Friday afternoon, we work on Public Defender cases. Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude. In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck.
You will handle a client's file and learn details on running a successful law practice. This will not be a brief-writing and photocopying clerkship. For additional information on the Law Office, please visit the website at www.njlaws.com
Mail or fax cover letter and resume. Do not email.
You will help handle a client's file and learn details on running a successful law practice. We sponsor a state wide website with information on litigation, personal injury, criminal and probate matters. It is helpful if applicants have some familiarity with HTML programming, web page design and maintenance and Internet technology. If you can update a website, please indicate so in the first paragraph of your cover letter. This office is committed to excellence and service to clients and the community. Applicants must have attention to detail.
Mail or fax cover letter and resume. Do not email.
Kenneth Vercammen & Associates, PC
2053 Woodbridge Avenue, Edison, NJ 08817 [near Rt 287 and the NJ Turnpike] 1.3 Miles from Edison Train Station- NJ Transit
PHONE 732-572-0500 (Fax) 732-572-0030

October 8, 2008

State of New Jersey v. John Taimanglo

10-06-08 State of New Jersey v. John Taimanglo
A-2569-06T2
Part III of the Rules govern municipal appeals in the Law
Division. Defendant must be afforded right to be present and
allocution unless waived on the record. He must also be advised
of right to appeal and State v. Molina, 187 N.J. 531 (2006)
applies in the absence of adherence to R. 3:21-4(h). The
conviction in this case is affirmed because the remand conducted
pending the appeal permitted defendant to raise all issues in
the Law Division and the de novo review cured defects in the
municipal court proceedings.

Editor: Eric Waage

State of New Jersey v. Jayson Williams

09-30-08 State of New Jersey v. Jayson Williams
A-2524-07T4
There can be no dispute that a criminal investigation
infected by racial animus would violate a defendant's due
process rights. Clearly there is no room for racial bias in any
law enforcement investigation.
On leave granted, the State argues that the trial court
erred in ordering the State to disclose to defendant records
relating to racial remarks made by a "senior officer" in the
prosecutor's office during a briefing on the case.
In the majority's view, where blatantly racist remarks have
been made by a "senior officer" during a briefing on the case,
due process requires that we allow discovery of relevant
information to determine whether the investigation and/or
prosecution was tainted by racism such that the outcome may have
been different.
A dissent was filed by Wefing, J.A.D.

State of New Jersey v. Quadir Whitaker

09-18-08 State of New Jersey v. Quadir Whitaker
A-4340-05T4
Defendant was convicted under the principle of accomplice
liability, N.J.S.A. 2C:2-6b(3), of having committed the crimes
of first-degree robbery and felony murder. The question
presented on appeal is whether a defendant charged as an
accomplice may be found guilty of robbery by uttering an
instruction to the principal, during the immediate flight from
an attempted theft, to hide the weapon used during the attempted
theft, after all necessary elements of the crime of robbery have
concluded.
We answered the question in the negative. We held that the
phrase contained in the robbery statute, "[a]n act shall be
deemed to be included in the phrase 'in the course of committing
a theft'" N.J.S.A. 2C:15-1a, refers only to those acts set forth
in sections a(1), (2), and (3) of the statute which elevate
simple theft, or attempted theft, to the crime of robbery. We
determined that the phrase does not encompass other acts
committed by an alleged accomplice after all elements necessary
to constitute the crime of robbery had concluded. Lastly, to
the extent that State v. Williams, 232 N.J. Super. 432 (App.
Div.), certif. denied, 118 N.J. 208 (1989) and State v. Baker,
303 N.J. Super. 411 (App. Div.), certif. denied, 151 N.J. 470
(1997) hold to the contrary, we disagreed.

August 30, 2008

State v. M.A.

08-29-08 State v. M.A.
A-4922-06T4

Defendant stole over $650,000 from his employer. A
warrantless search of two workplace computers, conducted
pursuant to the employer's consent, revealed evidence confirming
the theft. Defendant appeals from the denial of his motion to
suppress evidence seized from the computers, contending that he
had a right to privacy in the personal information he stored in
the computers. We concluded defendant had no reasonable
expectation of privacy under the Fourth Amendment or the New
Jersey Constitution in the contents of the computers, including
the personal information.

State v. J.G.

8-20-08 State of New Jersey v. J.G.
A-2539-07T4

The cleric-penitent privilege may be invoked by either the
cleric or the penitent. To be protected by the privilege, the
communication must have been made (1) in confidence; (2) to a
cleric; and (3) to the cleric in his or her role as a spiritual
advisor.

The privilege does not apply where a cleric reaches out to
an individual to intervene in unlawful conduct -- in this case
sexual abuse of defendant's two daughters -- in an effort to
stop the unlawful conduct and the cleric refuses to provide
counsel or spiritual services -- in this case baptism -- to the
individual.

State v. Tri-Way Kars, Inc.

8-18-08 State of New Jersey v. Tri-Way Kars, Inc.
A-1256-07T4

We held that a municipal court had no jurisdiction under
N.J.S.A. 56:8-14 to assess a penalty for an alleged Consumer
Fraud Act violation in connection with the sale of a used motor
vehicle because N.J.S.A. 56:8-14 only grants jurisdiction over
penalty enforcement actions.

We also held that the Central Municipal Court of Bergen
County had no jurisdiction under N.J.S.A. 56:8-14.1 to assess
such a penalty because that statute expressly limits
jurisdiction over penalty assessment cases to municipalities
"where the offense was committed or where the defendant may be
found." Here, the offense was committed in South Hackensack
where defendant conducted business and we concluded that this
specific statute trumped the general power of the Assignment
Judge to refer cases to the Central Municipal Court under
N.J.S.A. 2B:12-1(e).

Finally, we provided guidance for future actions respecting
the insufficiency of the municipal court "Complaint-Summons SF-1
and SF-2" to adequately provide notice of the essential facts of
a penalty assessment action, as opposed to a penalty enforcement
action where the use of these forms has been approved by the
Administrative Office of the Courts.

State of New Jersey v. Walter Quezada

8-13-08 State of New Jersey v. Walter Quezada
A-6472-05T2

A volunteer fireman who calls in false alarms and responds
to the scene of the reported fire may be convicted of official
misconduct, N.J.S.A. 2C:30-2. A conviction for setting false
fire alarms, N.J.S.A. 2C:33-3, merges into official misconduct
when the false alarm constitutes the official misconduct.

August 12, 2008

State of New Jersey v. Michael A. Cooper

08-06-08 State of New Jersey v. Michael A. Cooper
A-1066-06T4

On remand following the Appellate Division's decision
ordering that sentences be served concurrently, and not
consecutively as originally imposed, the aggregate sentence
imposed on remand cannot be longer than the period of parole
ineligibility flowing from the original sentence as well as the
original aggregate specific term; hence, on remand when a
consecutive sentence must be made to run concurrent with a
sentence carrying a parole ineligibility term under the No Early
Release Act, the new specific term sentence imposed cannot be
greater than that which produces an 85 percent parole
ineligibility term greater than the original period of parole
ineligibility.

August 7, 2008

HANDLING DRUG, DWI & MOTOR VEHICLE VIOLATIONS IN MUNICIPAL COURT

HANDLING DRUG, DWI & MOTOR VEHICLE VIOLATIONS IN MUNICIPAL COURT
September 15, 2008
k

Speakers include:
HON. JOAN ROBINSON GROSS
Presiding Judge, Union County

KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Editor: “New Jersey Municipal Court Review”
2006 NJSBA Municipal Court Practitioner of the Year
Kenneth Vercammen & Associates (Edison)

WILLIAM G. BRIGIANI, ESQ.
Brigiani, Cohen, & Schneider (East Brunswick)

JOHN MENZEL, ESQ.
Moore & Menzel (Point Pleasant)

Dennis Driscoll
Municipal Prosecutor (Denville, Montville, Rockaway Township, Morris Plains & Netcong)
You’ll receive a CD containing over 2,000 pages of forms, discovery motions, briefs and orders, plus the 264 page Judge King Chun report, Chun opinion and Attorney General Guidelines
This practical program featured a top notch panel of experienced practitioners and a Municipal Court judge. They provide instructions on handling the more serious drug, DWI and traffic offenses someone id likely to confront and suggest effective strategies for handling the.
Includes

EFFECTIVE STRATEGIES & PRACTICE TIPS YOU CAN USE TO REPRESENT YOUR CLIENTS ACCUSED OF MORE SERIOUS DRUG & TRAFFIC OFFENSES INCLUDING…
• Lab reports in drug cases
• Driving while suspended and enhanced penalties
• Jurisdiction issues for serious motor vehicle accidents
• Increased refusal penalties
• Assault
• Defenses to no-insurance cases
• Drug recognition expert cross-examination
• How to impress the Court and not annoy the Court staff
• Forms, motions and demand letters
• Criminal case law developments during the past year
• Sentencing arguments in multiple offense cases
• What’s new on the Alcotest 7110 breath testing machine
• New laws and pending legislation
…and more

Presented in cooperation with the NJSBA Municipal Court Practice Section, NJSBA General Practice Section, and the NJSBA Young Lawyers Division

For registration costs and details, contact
New Jersey Institute for Continuing Legal Education
One Constitution Square, New Brunswick, New Jersey 08901-1520
732-249-5100
http://www.njicle.com/seminar.aspx?sid=362 732-249-5100

August 6, 2008

State of New Jersey v. Michael A. Cooper

08-06-08 A-1066-06T4

On remand following the Appellate Division's decision ordering that sentences be served concurrently, and not consecutively as originally imposed, the aggregate sentence imposed on remand cannot be longer than the period of parole ineligibility flowing from the original sentence as well as the original aggregate specific term; hence, on remand when a consecutive sentence must be made to run concurrent with a sentence carrying a parole ineligibility term under the No Early Release Act, the new specific term sentence imposed cannot be greater than that which produces an 85 percent parole ineligibility term greater than the original period of parole ineligibility.


Editor, Mitch Zuckerman

State v. Oscar Osorio

08-04-08 A-2067-05T4

Under the 2005 decision of the Supreme Court of the United States in Johnson v. California, a defendant may establish a prima facie case of the discriminatory use of peremptory challenges by producing evidence sufficient to support an inference that discrimination has occurred. Therefore, the part of our Supreme Court's decision in Gilmore that required a defendant to show a "substantial likelihood" of the discriminatory use of peremptory challenges to establish a prima facie case has been superseded by Johnson.

State v. Robert K. Thompson, et al.

08-01-08 A-2279-07T4

Violation of the Conflicts of Interest Law and a corresponding Code of Ethics of a department of State government, standing alone, does not provide a basis for criminal prosecution for official misconduct. We affirmed the dismissal of counts containing such charges. But when such violations are combined with official acts benefiting or intending to benefit the party with whom the public official has a conflict, official misconduct may be charged. We reversed the dismissal counts containing such charges.

State of New Jersey v. Cecilia X. Chen

07-31-08 A-4251-06T5

The admissibility of the identification evidence presented at trial is the most significant issue raised on this appeal from a conviction for attempted murder. The victim initially identified the defendant under highly suggestive circumstances that posed a significant risk of compromising the initial and subsequent identifications. Law enforcement officers had no role in creating, encouraging or permitting the highly suggestive procedures utilized at the time of the initial identification.

We conclude that when there is evidence that the highly suggestive words or conduct of a private citizen pose a significant risk of misidentification, a preliminary hearing on admissibility of the identification is required. The holding is based on the court's responsibility to ensure that evidence of pre-trial identifications meet the standard for admission of such evidence, N.J.R.E. 803, and the Court's authority to exclude evidence of subsequent identifications that are of such questionable reliability that the probative value is substantially outweighed by the risk of prejudice and misleading the jury, N.J.R.E. 403. See State v. Michaels, 136 N.J. 299, 316 (1994); State v. Williams, 39 N.J. 471, 489 (1963).

State OF New Jersey - In the Interest of X.B.

07-31-08 A-3053-06T4

X.B., a juvenile, was arrested for trespassing on public housing property, despite being notified that he was on a list prohibiting him from being on the housing complex property. Following his adjudication as a delinquent, he appealed, arguing his inclusion on the list was unconstitutional as applied to him.

We affirmed the trial court's finding of delinquency and found no constitutional infirmity as applied to him. We did, however, caution public entities who maintain such lists to consider adopting regulations regarding one's placement on and removal from the list and establishing a procedure whereby one can challenge placement on the list.

State v. Nazario Ventura & State v. Leidy Granados

8-5-08 (A-45-07) & (A-74-07)

A motion for remission of forfeited bail is assessed in a fact-sensitive manner, weighing a multitude of factors outlined in State v. Hyers and its progeny. A crucial factor in every bail remission case is whether the defendant remains a fugitive. In each of these cases, there was no abuse of discretion in thedenial of the separate motions to remit the forfeited bail.

State v. Scott E. Schnabel

7-29-08 (A-13-07)

The Child Sexual Abuse Accommodation Syndrome (CSAAS) evidence was properly admitted and, in light of that evidence, evidence of third-party sexual abuse should have been admitted.

July 28, 2008

State of New Jersey v. Joseph M. Bringhurst

07-23-08 A-4302-06T5

We conclude that post-conviction relief (PCR) petitions brought pursuant to State v. Laurick, 120 N.J. 1, cert. denied, 498 U.S. 967, 111 S. Ct. 429, 112 L. Ed.2d 413 (1990), must comply with Rule 7:10-2, and are subject to the five-year limit contained in Rule 7:10-2 (g)(2). However, those time limits may be relaxed to prevent an injustice. Because a Laurick PCR cannot be brought until there is a second or subsequent DWI conviction, the time bar should not mechanically be applied to deny the petition. However, to obtain the benefit of relaxation of the time limit, a defendant must put forth a prima facie case for relief in his petition itself.

In this case, where defendant's prior, uncounseled conviction was allegedly rendered ten years earlier, he failed to put forth a prima facie case for relief in his PCR petition. Therefore, its denial was appropriate.


Editor, Mitch Zuckerman

State v. V.D.

07-23-08 A-2357-06T5

Defendant entered a negotiated plea of guilty to two counts of the fourth-degree crime of possession of a false document,
N.J.S.A. 2C:21-2.1(d). The trial court placed defendant on probation with the special condition that she notify the Bureau
of Immigration and Customs Enforcement (ICE). We struck that condition. It was not reasonably contemplated by defendant when she pled guilty and, in any event, exceeded the authority of the trial court.

State v. Rambo

07-22-08 A-5923-04T4

Defendant, who admitted shooting and killing his wife, was convicted of murder. The trial court correctly refused to charge passion/provocation manslaughter. Defendant argued he was entitled to a new trial because the Probate Part had refused, under the "Slayer Statutes" to allow him access to funds to retain private counsel of his choice. We did not procedurally have jurisdiction to review the orders of the Probate Part because defendant's appeal was only from the judgment of conviction.

July 21, 2008

State v. Shariff Ingram

7-21-08 (A-58/59-07)

When a defendant is charged as an accomplice and lesser-included offenses already are charged in an indictment, the trial court comprehensively must charge the jury on the elements both of the lesser-included crimes and of accomplice liability.
Nevertheless, the failure to so separately charge the jury here did not constitute reversible error. The prosecutor did not misstate the applicability of the statutory affirmative defense to felony murder. In these circumstances, it was error for the
trial court to instruct the jury that the defendant’s voluntary absence from the trial could be construed by the jury as evidence of consciousness of guilt, and that error mandates a new trial.

July 15, 2008

State v. Darren L. Bradshaw

7-10-08 (A-46-07)

The judgment of the Appellate Division is affirmed, but for different reasons. The trial court abused its discretion when it denied defendant from fully presenting his alibi testimony and the preclusion of that testimony constituted harmful error, requiring a new trial; consequently, the Court need not reach the constitutional issue. At any retrial, the prosecutor should neither argue facts that are not in the record, nor expressly or implicitly vouch for the credibility of the victim.

State v. Janet Gelman, n/k/a Caitlin Ryerson

7-8-08 (A-42-07)

The current N.J.S.A. 2C:34-1 is insolubly ambiguous concerning whether a defendant can be charged with the fourth-degree crime of prostitution based on a prior petty disorderly persons conviction under the predecessor statute. The Court is thus
compelled to apply the doctrine of lenity and dismiss the indictment.

State of New Jersey v. Anthony Gioe, et al.

07-02-08 A-1214-06T5

The novel issue addressed in this appeal is whether a search warrant is invalid where an affiant failed to appear
personally before a municipal court judge as required under Rule 3:5-3(a). We found the "insufficiencies or irregularities" in
the proceedings to obtain the search warrant did not violate defendant's substantive rights, and they did not invalidate the
search warrant that was issued. R. 3:5-7(g). Accordingly, we affirmed the order denying defendant's motion to suppress.

July 7, 2008

State v. Kenneth Nero

6-30-08 (A-32-07)

To convict a defendant of first-degree robbery involving the threat of the immediate use of a deadly weapon by simulation,
the jury must find that the simulation was undertaken with a purposeful state of mind. The trial court’s jurysufficiently imparted the requisite mental state.


Mitchell Zuckerman - Editor, Criminal Law Blog

State v. Charles S. Thomas

6-26-08 (A-62-07)

The extended-term-sentencing statute provides that a judge must place on the record his or her reasoning for applying an
extended term to a different charge than that sought by the prosecutor. Therefore, this matter must be remanded to the
trial court for an explanation of why it declined to accept the prosecutor’s application to apply an extended term sentence to
the eluding count and instead applied the extended term to the robbery count.

State v. Diara Barden

6-24-08 (A-23-07)

The evidence that defendant sold drugs to the co-defendant over a six-month period prior to the robbery was evidence of other
crimes that was unduly prejudicial and should have been excluded.

State v. Ryan Buda

6-23-08 (A-4/5-07)

The trial court did not abuse its discretion in determining that the child’s statements to his mother and the DYFS worker were
properly admitted into evidence as “excited utterances” under N.J.R.E. 803(c)(2). The Child’s statements were not testimonial
and, hence, their admission at trial did not run afoul of the Confrontation Clause.

State in the Interest of J.A.

6-23-08 (A-2-07)

The hearsay statements were a narrative of past events and made while neither the declarant nor victim was in imminent danger.
The statements were testimonial and, because the declarant was not produced as a witness or subject to cross-examination, the
admission of the statements violated J.A.’s Sixth Amendment right to confront the witnesses against him.

State v. James Dorman & State v. William Sweet

6-23-08 (A-1-07) & (A-38-07)

The ampoule testing certificates and the breath testing instrument inspection certificates are hearsay statements
admissible under the business records exception to the hearsay rule. Those records also are nontestimonial and thus are admissible under the Confrontation Clause.

State v. Luis Garcia

6-18-08 (A-120-06)

The trial court abused its discretion in not granting an adjournment to enforce the order to produce the defense witness
from a prison. The Court remands the matter to the trial court for a hearing at which defendant will be given the opportunity
to call the witness. At that hearing, if the witness gives testimony that would have been favorable to defendant at his
trial, then defendant will have shown that his constitutional right to compulsory process was violated. In that case, the
trial court must vacate defendant’s convictions and order a new trial.

State v. Tykim Kemp

6-16-07 (A-124-06)

The details of Kemp’s confession to having engaged in a two-day robbery spree were admissible, but the admission of evidence of a prior uncharged robbery involving Kemp was error requiring a retrial.

State v. Franklin Jack Burr, II

6-11-07 (A-36-07)

The proffered expert testimony on defendant’s diagnosis with Asperger’s Disorder was relevant and material to his explanation
of himself and his conduct. Preclusion of that evidence constituted reversible error necessitating a new trial. Also,
if on remand the trial court is faced with a request by the jury for a replay of the videotaped pretrial interview of A.A., the
court first should inquire whether the jury would be satisfied with a readback of the testimony. If the jury persists in its
request for a video playback, then the court must determine whether the jury must also hear a readback of any testimony that
the court concludes is necessary to provide the proper context for the video playback.

State v. Wilberto Rodriguez

6-9-07 (A-25/26-07)

Based on the New Jersey Code of Criminal Justice, a person who kills in the honest and reasonable belief that the protection of
his own life requires the use of deadly force does not kill recklessly. The State’s failure to prove beyond a reasonable
doubt that defendant did not act in self-defense in repelling his attacker entitles defendant to an exoneration of criminal
liability on the murder, aggravated manslaughter, and manslaughter charges.

State v. Mylee Cottle

5-6-08 (A-111-06)

An attorney has a per se conflict of interest when both the attorney and the client are simultaneously under indictment in
the same county and are being prosecuted by the same prosecutor’s office. Without an informed waiver made in court
and on the record, prejudice will be presumed, rendering the representation ineffective. The undisclosed conflict in this
case denied the juvenile the effective representation of counsel guaranteed to him under Article I, Paragraph 10 of theJersey Constitution and he is entitled to a new trial.

State v. Michael Lisa

4-22-08 (A-12-07)

The grand jury instructions incorporating duty principles from the Restatement of Torts suffered from a fatal flaw that could
have been the substantial motivation for the return of the reckless manslaughter charge, and dismissal was the only correct
course of action under the circumstances.

State v. Shirley Reid

4-21-08 (A-105-06)

Pursuant to Article I, Paragraph 7, of the New Jersey Constitution, the Court holds that citizens have a reasonable
expectation of privacy in the subscriber information they provide to Internet service providers. Accordingly, the motion
to suppress by defendant Reid was properly granted because the police used a deficient municipal subpoena. Law enforcement
officials can obtain subscriber information by serving a grand jury subpoena on an Internet service provider without notice to
the subscriber. The State may seek to reacquire the information with a proper grand jury subpoena because records of the
information existed independently of the faulty process used by the police, and the conduct of the police did not affect the
information.

State v. Carlos Feal

4-8-08 (A-16-07)

The holding of Daniels should be given pipeline retroactivity but, in this case, the Daniels violation does not warrant
reversal of Feal’s convictions.

State v. Adams & State v. Comer

3-26-08 (A-103-06) & (A-116-06)

On this record, the Court declines to reevaluate the standards for the admissibility of out-of-court identifications. Under
current standards, there was sufficient credible evidence to affirm the trial court’s decision to admit the identification
testimony. It was not plain error for the trial court to fail to give a cautionary charge on the use of Harrison’s testimony
and guilty plea. Finally, defendants’ presumptive sentences, imposed prior to State v. Natale, do not require remands.

State v. Adams & State v. Comer

3-26-08 (A-103-06) & (A-116-06)

On this record, the Court declines to reevaluate the standards for the admissibility of out-of-court identifications. Under
current standards, there was sufficient credible evidence to affirm the trial court’s decision to admit the identification
testimony. It was not plain error for the trial court to fail to give a cautionary charge on the use of Harrison’s testimony
and guilty plea. Finally, defendants’ presumptive sentences, imposed prior to State v. Natale, do not require remands.

State v. Jane H. Chun, et al.

3-17-08 (A-96-06)

The Court adopts, as modified, the Special Master’s reports and recommendations. Subject to certain conditions, the Court holds
that the Alcotest is scientifically reliable and that its results are admissible in drunk driving prosecutions. The Court
contemporaneously issues an Order vacating its January 10, 2006, stay of drunk driving prosecutions, appeals, and sentencing,
which shall proceed in accordance with the directives set forth therein.

State of New Jersey v. Murray Aikens, et al.

06-30-08 A-2281-07T4

Flight from one state to another constitutes a violation of the Federal Fugitive Act, and United States Marshals are authorized to make a warrantless arrest of a person who they have probable cause to believe has violated that Act.

State of New Jersey v. Maribel Rolon, et al.

06-20-08 A-1049-06T4

In this appeal, we reverse defendant's conviction for first-degree robbery and remand for a new trial. Although the jury determined defendant was armed with a deadly weapon——a knife——the court committed reversible error when it instructed:
"defendant's intent with respect to the [knife] is irrelevant."

State of New Jersey v. Jacob Burno-Taylor

06-19-08 A-0265-07T4

Because defendant's right to remain silent was not scrupulously honored, the trial court should have granted defendant's motion to suppress his statement.

State of New Jersey v. Steven R. Fortin

06-04-08 A-3579-07T4

Defendant convicted of capital murder committed in 1994 cannot be sentenced to life-without-parole because at the time of offense the maximum parole ineligibility term was thirty years and under the December 17, 2007 amendments to the murder statute the defendant can no longer present mitigating factors to reduce the sentence to such term if not outweighed by aggravating factors. The State did not advocate trying the matter as a capital case would have been tried to achieve a sentence of life-without-parole. Moreover, the holding is narrow as amendments such as the life-without-parole provisions of N.J.S.A. 2C:11-3 and No Early Release Act statutes would affect the sentences of capital murders after those statutes took effect.

State of New Jersey v. Sky Atwater, a/k/a Tyrone Johnson

5-21-08 A-3771-04T4

1. Where the jury's repeated questions indicated confusion about the requisite mental state for vehicular homicide, it was not sufficient for the trial court to re-charge the jury on recklessness. Rather, the trial court should have compared recklessness with negligence, in light of the jury's questions. Denial of defendant's request to charge negligence in response to the jury's questions was reversible error.

2. It was reversible error for the trial court to preclude a defendant from cross-examining the State's expert on the coefficient of friction, a factor the expert testified was critical in formulating his opinion on the speed of defendant's vehicle at the time of the accident.

3. The trial court committed plain error when it failed to strike and give a curative instruction for the prosecutor's repeated remarks that overstepped the bounds of propriety and deprived defendant of a fair trial.

4. The trial court's denial of defendant's application to argue negligence in summation under the circumstances of this case contributed to cumulative error.

5. In a vehicular homicide case where there is evidence that defendant may have been impaired by the use of alcohol, but no evidence that he was driving while intoxicated (DWI) under the statutory standard of N.J.S.A. 39:4-50, the trial court should instruct the jury on the blood alcohol concentration (BAC) required for a per se DWI.

State of New Jersey v. Philip J. Castagna

05-12-08 A-4402-06T5

In trial of former police chief for arson and conspiracy to murder his wife, fact that the wife obtained a domestic violence temporary restraining order against defendant resulting in his suspension from office deemed admissible under Rule 404(b) on State's theory of motive. Similarly, charges later filed by wife of violation of the TRO and terroristic threats, resulting in conviction on disorderly persons charges and forfeiture of defendant's office, also held admissible as to motive. Jury to receive limiting instructions including an instruction that defendant's conviction on disorderly persons charges was reversed after defendant's indictment on arson and conspiracy charges.

State of New Jersey vs. William Schadewald

05-05-08 A-1191-06T5

1. A defendant convicted of a second or subsequent offense of driving while intoxicated (DWI), N.J.S.A. 39:4-50, who seeks a step-down in sentence on the ground that one or more of the prior convictions were uncounseled, pursuant to State v. Laurick, 120 N.J. 1, cert. denied, 498 U.S. 967, 111 S. Ct. 429, 112 L. Ed. 2d 413 (1990), must first petition for postconviction relief (PCR) in the municipal court in which the prior uncounseled conviction occurred.

2. The PCR proceedings in municipal court are governed by Rule 7:10-2(f) and (g).

State of New Jersey v. Brandon Krause

04-17-08 A-3737-06T5

Based on defendant's failure to meet his burden of proving facts that would establish that the Hackettstown noise ordinance was preempted by the Noise Control Act of 1971, N.J.S.A. 13:1G-1 to -23, the ordinance was held valid and the conviction affirmed. However, the opinion noted that local noise ordinances may require DEP approval to be enforceable at least with respect to certain facilities, such as commercial and industrial sites.

State of New Jersey v. James Robinson

04-15-08 A-6381-05T4

In this appeal, we reverse the trial court's denial of defendant's motion to suppress evidence found in his dwelling. Our decision is grounded exclusively under the rights conferred in Article I, paragraph 7 of the Constitution of the State of New Jersey. In executing a knock-and-announce warrant, the police must give the occupants of the dwelling a reasonable opportunity to respond before resorting to the use of force to gain entry to the residence. Here, the police broke down the entrance door of the dwelling, twenty to thirty seconds after announcing their presence, thus converting the knock-and-announce warrant into a de facto no-knock warrant. Furthermore, the use of a so-called flash bang explosive device by the police was factually unwarranted, and rendered a nullity the warrant's knock-and announce condition imposed by the court.

State of New Jersey v. Forrest M. Baker, Sr.

04-14-08 A-6018-05T4

Defendant, a federal inmate at the Fort Dix Correctional Facility in Wrightstown, was produced for pre-trial appearances and for trial in the Law Division by way of the judge's "order to produce." We concluded that defendant's pre-trial motion to dismiss the indictment pursuant to the "anti-shuttling" provision of the Interstate Agreement on Detainers (IAD), N.J.S.A. 2A:159A-4, was properly denied. Because a writ of habeas corpus ad prosequendum is not a detainer for IAD purposes, the statute was not triggered and the motion was properly denied.

State of New Jersey v. Brenda Hoffman

03-31-08 A-6473-06T4

In this appeal, we reverse an order admitting defendant into a Pretrial Intervention program over the prosecutor's objection. We conclude the victims' status as police officers does not eviscerate N.J.S.A. 2C:43-12(e)(4), which requires prosecutors to consider "[t]he desire of the complainant or victim to forego prosecution."

State of New Jersey v. Hiram Rodriguez

03-28-08 A-4614-05T4
In this appeal, the court determined that the police
complied with the "reasonable wait time" standard and therefore
did not violate the "knock and announce" rule, which is
incorporated in the Fourth Amendment and Article I, paragraph 7
of the state constitution, when they waited fifteen to twenty
seconds after announcing their presence before entering the
premises.
The State also argued in this appeal that Hudson v.
Michigan, 547 U.S. 586, 126 S. Ct. 2159, 165 L. Ed. 2d 56
(2006), which holds that the Fourth Amendment does not require
application of the exclusionary rule upon a knock and announce
violation, should be followed in determining the appropriate
remedy for a similar violation of our state constitution. Since
the court found no violation, it recognized that it was not
necessary to decide this issue but expressed in dictum its doubt
that Hudson would be followed in determining the remedy
available upon a breach of the state constitutional knock and
announce rule.
Judge Stern filed a concurring opinion.

May 22, 2008

Hot Topics in Municipal Court Practice- Forms available

NJSBA Annual Meeting
Trump Taj Mahal Casino Resort

Hot Topics in Municipal Court Practice
Thursday, May 22 2008 

8am - 9:30 am Diamond A

Could not attend? Need forms?
Send email to Kenvnjlaws@verizon.net and advise which form you would like. The form will be sent to you within 2 days, or fax us your email address 732-572-0030 fax

Name ___________________

Email ___________________
An overview of the top 25 municipal court cases of the year and interactive discussion of the most current topics in municipal court.
Speakers: 
Paris P. Eliades, Esq. 
Daggett Kraemer Eliades Kovach & Ursin, Sparta
Kenneth A. Vercammen, Esq.

Kenneth Vercammen & Associates,
Edison
Past Chair Municipal Court Section
2005 NJSBA Municipal Court Attorney
of the Year
Editor- NJ Municipal Court Law Review

CD with forms and Materials
provided to all attendees!
02 Lt of rep only.doc
02 DISC.doc
02a DISC to DMV.doc
02d Disc_Complainant.doc
03D Retainer-MUN COURT.doc
04 Hearing notice.doc
100 Cross Exam Q-DWI.doc
AG Guidelines binding.doc
Appeal Fee Bill to Client.doc
atty_guidelines_0505.pdf
Bail reduce Mt.doc
Brief post convict vacate plea.doc
Conditional Discharge Pet Cl.doc
constructive poss.doc
Court cannot handle discovery.doc
Crim interview aba.doc
crim- Specific defenses.doc
Defense Affidavit to Client.doc
DISC to Client from Prosecutor.doc
DUI Motions non disc- jury.doc
DWI- Blood defense brief.doc
DWI- expert letter.doc
DWS Fine reduced parking ticket.doc
Expungement recommend.doc
MIRANDA br.doc
More disc br.doc
Mt for Civil Reservation.doc
Mt forSlap.doc
Mt to be Relieved.doc
Mt- Dismiss No disc mun Pros.doc
Mun Ct Interview.doc
MVC_ DMV - Follow-up Hearing.doc
MVC_ DMV points for Atom.doc
No discovery dismiss Brief.doc
No Show in Court.doc
OBJ TO LAB CERT.doc
OPRA Brief Crim.doc
Order mark try or dismiss.doc
Order to be Relieved.doc
Pros- missing abstract.doc
Refusal Brief wrong statement.doc
Storm Cert priv pros.doc
Sup-Miranda.doc
SUPPRESSION MT.doc
SUPPRESSION BRIEF.doc
Chun discovery brief
www.BeNotGuilty.com

Can’t attend? Need forms?
Send email to Kenvnjlaws@verizon.net and the materials will be sent to you within 2 days, or fax us your email address 732-572-0030 fax

Name ___________________

Email ___________________

State v. Mylee Cottle

5-6-08 (A-111-06) State v. Mylee Cottle

An attorney has a per se conflict of interest when both the
attorney and the client are simultaneously under indictment in
the same county and are being prosecuted by the same
prosecutor’s office. Without an informed waiver made in court
and on the record, prejudice will be presumed, rendering the
representation ineffective. The undisclosed conflict in this
case denied the juvenile the effective representation of counsel
guaranteed to him under Article I, Paragraph 10 of the New
Jersey Constitution and he is entitled to a new trial.

State v. Michael Lisa

State v. Michael Lisa 4-22-08 (A-12-07)

The grand jury instructions incorporating duty principles from
the Restatement of Torts suffered from a fatal flaw that could
have been the substantial motivation for the return of the
reckless manslaughter charge, and dismissal was the only correct
course of action under the circumstances.

State v. Shirley Reid

4-21-08 State v. Shirley Reid (A-105-06)

Pursuant to Article I, Paragraph 7, of the New Jersey
Constitution, the Court holds that citizens have a reasonable
expectation of privacy in the subscriber information they
provide to Internet service providers. Accordingly, the motion
to suppress by defendant Reid was properly granted because the
police used a deficient municipal subpoena. Law enforcement
officials can obtain subscriber information by serving a grand
jury subpoena on an Internet service provider without notice to
the subscriber. The State may seek to reacquire the information
with a proper grand jury subpoena because records of the
information existed independently of the faulty process used by
the police, and the conduct of the police did not affect the
information.

Posted by Ken Vercammen

State v. Carlos Feal (A-16-07)

State v. Carlos Feal (A-16-07)
4-8-08

The holding of Daniels should be given pipeline retroactivity
but, in this case, the Daniels violation does not warrant
reversal of Feal’s convictions.

State of New Jersey v. Sky Atwater, a/k/a Tyrone

5-21-08 State of New Jersey v. Sky Atwater, a/k/a Tyrone
Johnson
A-3771-04T4

1. Where the jury's repeated questions indicated
confusion about the requisite mental state for vehicular
homicide, it was not sufficient for the trial court to re-charge
the jury on recklessness. Rather, the trial court should have
compared recklessness with negligence, in light of the jury's
questions. Denial of defendant's request to charge negligence in
response to the jury's questions was reversible error.

2. It was reversible error for the trial court to
preclude a defendant from cross-examining the State's expert on
the coefficient of friction, a factor the expert testified was
critical in formulating his opinion on the speed of defendant's
vehicle at the time of the accident.

3. The trial court committed plain error when it failed
to strike and give a curative instruction for the prosecutor's
repeated remarks that overstepped the bounds of propriety and
deprived defendant of a fair trial.

4. The trial court's denial of defendant's application to
argue negligence in summation under the circumstances of this
case contributed to cumulative error.

5. In a vehicular homicide case where there is evidence
that defendant may have been impaired by the use of alcohol, but
no evidence that he was driving while intoxicated (DWI) under
the statutory standard of N.J.S.A. 39:4-50, the trial court
should instruct the jury on the blood al(BAC) required for a per se DWI.

State of New Jersey v. Philip J. Castagna

State of New Jersey v. Philip J. Castagna 05-12-08
A-4402-06T5

In trial of former police chief for arson and conspiracy to
murder his wife, fact that the wife obtained a domestic violence
temporary restraining order against defendant resulting in his
suspension from office deemed admissible under Rule 404(b) on
State's theory of motive. Similarly, charges later filed by
wife of violation of the TRO and terroristic threats, resulting
in conviction on disorderly persons charges and forfeiture of
defendant's office, also held admissible as to motive. Jury to
receive limiting instructions including an instruction that
defendant's conviction on disorderly persons charges was
reversed after defendant's indictment on arson and conspiracy charges.

Expungement Petition of Robert Ross

In the Matter of the Expungement Petition of Robert Ross
A-0990-07T4
05-06-08

The expungement statute, N.J.S.A. 2C:52-2, permits
expungement of an indictable conviction only if the petitioner
"has not been convicted of any prior or subsequent crime." We
construed the statute and held that if a petitioner commits two
crimes at different times, he is precluded from seeking
expungement even if he is sentenced and convicted for the two crimes on the same day.

State of New Jersey vs. William Schadewald

05-05-08* State of New Jersey vs. William Schadewald
A-1191-06T5

1. A defendant convicted of a second or subsequent
offense of driving while intoxicated (DWI), N.J.S.A. 39:4-50,
who seeks a step-down in sentence on the ground that one or more
of the prior convictions were uncounseled, pursuant to State v.
Laurick, 120 N.J. 1, cert. denied, 498 U.S. 967, 111 S. Ct. 429,
112 L. Ed. 2d 413 (1990), must first petition for post-
conviction relief (PCR) in the municipal court in which the
prior uncounseled conviction occurred.

2. The PCR proceeRule 7:10-2(f) and (g).

May 21, 2008

Hawthorne PBA Local 200 v. Borough of Hawthorne

04-29-08 Hawthorne PBA Local 200 v. Borough of Hawthorne, et al.
A-4504-06T2

The issue in this appeal is whether, in a mayor-council
form of government under the Faulkner Act, the appointment and
promotion of police officers may be delegated by the Borough
Council to the mayor, whom the council has designated as the
"appropriate authority" pursuant to N.J.S.A. 40A:14-118, a
general law that addresses the creation and internal structure
of municipal police departments. The Law Division dismissed the
plaintiff's challenge to the ordinance delegating that authority
to the mayor, and we affirmed.

Janon Fisher v. Division of Law

04-28-08 Janon Fisher v. Division of Law
A-2288-06T3; A-2448-06T3

The Division of Law properly calculated the "special
service charge" for responding to a request under the Open
Public Records Act for production of e-mails and computer files
prepared by assistant and deputy attorneys general based on the
time expended by those attorneys in retrieving and reviewing the
requested government records to identify privileged materials.
Where certifications that the Division of Law filed with the
Government Records Council clearly indicate that the redacted
material in documents produced in response to an OPRA request is
privileged, there is no need for a remand for the purpose of
requiring the Division to submit a more specific Vaughn index.

State of New Jersey v. Brandon Krause

04-17-08 State of New Jersey v. Brandon Krause
A-3737-06T5

Based on defendant's failure to meet his burden of proving
facts that would establish that the Hackettstown noise ordinance
was preempted by the Noise Control Act of 1971, N.J.S.A. 13:1G-1
to -23, the ordinance was held valid and the conviction
affirmed. However, the opinion noted that local noise
ordinances may require DEP approval to be enforceable at least
with respect to certain facilities, such as commercial and
industrial sites.

State of New Jersey v. James Robinson

04-15-08 State of New Jersey v. James Robinson
A-6381-05T4

In this appeal, we reverse the trial court's denial of
defendant's motion to suppress evidence found in his dwelling.
Our decision is grounded exclusively under the rights conferred
in Article I, paragraph 7 of the Constitution of the State of
New Jersey.

In executing a knock-and-announce warrant, the police must
give the occupants of the dwelling a reasonable opportunity to
respond before resorting to the use of force to gain entry to
the residence. Here, the police broke down the entrance door of
the dwelling, twenty to thirty seconds after announcing their
presence, thus converting the knock-and-announce warrant into a
de facto no-knock warrant. Furthermore, the use of a so-called
flash bang explosive device by the police was factually
unwarranted, and rendered a nullity the warranannounce condition imposed by the court.

State of New Jersey v. Forrest M. Baker, Sr.

04-14-08 State of New Jersey v. Forrest M. Baker, Sr.
A-6018-05T4

Defendant, a federal inmate at the Fort Dix Correctional
Facility in Wrightstown, was produced for pre-trial appearances
and for trial in the Law Division by way of the judge's "order
to produce." We concluded that defendant's pre-trial motion to
dismiss the indictment pursuant to the "anti-shuttling"
provision of the Interstate Agreement on Detainers (IAD),
N.J.S.A. 2A:159A-4, was properly denied. Because a writ of
habeas corpus ad prosequendum is not a detainer for IAD
purposes, the statute was not triggered and the motion was
properly denied.

State of New Jersey v. Brenda Hoffman

03-31-08 State of New Jersey v. Brenda Hoffman
A-6473-06T4

In this appeal, we reverse an order admitting defendant
into a Pretrial Intervention program over the prosecutor's
objection. We conclude the victims' status as police officers
does not eviscerate N.J.S.A. 2C:43-12(e)(4), which requires
prosecutors to consider "[t]he desire of the complainant or
victim to forego prosecution."

Edward Kahler sworn as Cranbury Chief of Police effective June 1, 2008

Photo Featured: New Chief Ed Kahler, Lt. Rick Varga; Chief Jay Hansen; Past Prosecutor Kenneth Vercammen

http://www.njlaws.com/cranpolicestation.htm

May 10, 2008

Hot Topics in Municipal Court Practice Thursday, May 22 (8 - 9:30 a.m.)

Hot Topics in Municipal Court Practice Thursday, May 22 (8 - 9:30 a.m.)
NJSBA Annual Meeting and Convention.

NJSBA Annual Meeting and Convention Annual Meeting and Convention 2008 Trump Taj Mahal Casino Resort in Atlantic City May 21 - 23. The NJ State Bar Association will hold its 2008 Annual Meeting and Convention at the Trump Taj Mahal Casino Resort, right on the Atlantic City Boardwalk. A favorite location for the NJSBA's annual conference, the boardwalk offers the Atlantic City seaside right outside the doors of the resort. Attend from May 21-22 for education, top speakers and networking with the top legal professionals in the state and your fellow NJSBA members.

Hot Topics in Municipal Court Practice Thursday, May 22 (8 - 9:30 a.m.)
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)

Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Transitional & Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An overview of the top 25 municipal court cases of the year and interactive discussion of the most current topics in municipal court.

Speakers: Paris P. Eliades, Esq. - Daggett Kraemer Eliades Kovach & Ursin, Sparta
Kenneth A. Vercammen, Esq. - Kenneth Vercammen & Associates, Edison

http://www.njsba.com/calendar_events/index.cfm?fuseaction=annual_mtg#207

Alcotest Update - State v. Chun
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)

Thursday, May 22 (1 - 2:30 p.m.)

Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)

An analysis of the recent Chun discussion and the documentation required in order to admit the Alcotest 7110 into evidence.

Speaker: Jeffrey E. Gold, Esq. Vice Chair, Municipal Court Practice Section Gold & Farrow, PC, Cherry Hill
KENNETH VERCAMMEN ATTORNEY AT LAW

Free Will or Power of Attorney for Middlesex County Police Officers

Free Will or Power of Attorney for Middlesex County Police Officers

To recognize national Police Week, we will, we will provide a free confidential Last Will and Testament or Power of Attorney to Police who serve in the Middlesex County area. I appreciate the service provided by police and want to say thank you to the persons who protect my family.


IF YOU HAVE NO WILL (LEGALLY REFERRED TO AS "INTESTATE SECESSION"):
* State law determines who gets assets, not you
* Additional expenses will be incurred by your heirs and extra work will be required by the heirs of their attorney to qualify an administrator
* The Judge determines who gets custody of minor children
* If you have no spouse or relatives, the State may take your property
* The procedure to distribute assets becomes more complicated-and the law makes no exceptions for persons in unusual need or for your own wishes.
* It may also cause fights and lawsuits within your family
This also applies if your Will is declared invalid because it was improperly prepared or is not admissible to probate. In the absence of a Will or other legal arrangement to distribute property at death, there is usually a requirement of an expensive bond and additional work to qualify an administrator. This process is called the law of intestacy.
Call 732-572-0500 to schedule a confidential appointment
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
website: www.njlaws.com
To receive the njlaws Free Legal newsletter via computer email, visit our website at www.njlaws.com, email at KenVnjlaws@verizon.net or fax us your email address
(Fax) 732-572-0030.

Your Name: ___________________________

email: _____________________________________________

March 30, 2008

Glenn Sellers v. Board of Trustees of the Police and Firemen's Retirement System

03-19-08 A-1170-06T1

Where a municipality hired a firefighter under the mistaken
belief that deductions for his service as a police officer and
his service in the military would enable him to meet the
statutory age requirements for firefighters and where the
firefighter, acting in good faith and reasonably, left other
employment to accept the position, the Board of Trustees of the
New Jersey Police and Firemen's Retirement System has the
authority under certain circumstances to apply equitable
principles and provide a remedy.
The denial of plaintiff's enrollment in the New Jersey
Police and Firemen's Retirement System is reversed and remanded
to the Board of Trustees for a determination of whether
plaintiff may be enrolled under equitable principles.

State v. Douglas Noble

03-13-08 A-3394-05T4

The State may, consistent with a defendant's right to
remain silent, cross-examine him on the late filing of his alibi
notice when such cross-examination is designed to highlight
inconsistencies between the alibi notice and defendant's
testimony a mere two days later. We conclude that here, where
the cross-examination on the timing of the alibi notice served
to demonstrate the unlikelihood that defendant's recollection of
the facts supporting his alibi defense would change so
significantly in a two-day period, the State's cross-examination
did not constitute a prohibited evisceration of defendant's
right to remain silent. Instead, such cross-examination
constituted a permitted "litigational" use of the late
furnishing of an alibi notice.
03-12-08 State of New Jersey v. Hipolito Ruiz
A-5529-06T4
When a jury acquits a defendant of the sole charge in the
indictment, retrial for a lesser-included offense on which the
jury was deadlocked is not constitutionally barred.

State v. Cadree B. Matthews

03-10-08 A-6040-05T4

An anonymous caller stated that a person in a burgundy
Durango with temporary license plates was flashing a gun at a
certain location late at night. Police proceeded to the scene,
located the vehicle and performed a pat-down search of its three
occupants. The search revealed no weapons. The police then
secured the occupants away from the vehicle and searched the
passenger compartment, finding a handgun beneath the front
passenger seat. While conducting the search, a fourth person,
later identified as the defendant, attempted to get to the
vehicle. When asked to leave the scene, he refused. Defendant
was then arrested for disorderly conduct and resisting arrest.
When he was secured in the back of a patrol car, defendant
confessed that the handgun police found in the vehicle belonged
to him. After the denial of a motion to suppress the handgun on
the basis of an illegal search, defendant pled guilty to
unlawful possession of a weapon, resisting arrest, and unlawful
possession of a handgun by certain persons not to have weapons.
We reversed the convictions as to the unlawful possession
of a weapon and certain persons, based upon the illegality of
the search. The search was not justified under Terry v. Ohio
because the anonymous tip, standing alone, did not provide an
independent basis for the stop, frisk of the occupants, or
search of the vehicle.

State v. J.A.

03-06-07 A-2554-05T4

In this appeal from the denial of a post-conviction relief
petition, we hold that the Supreme Court's decision in State v.
P.H., 178 N.J. 378 (2004), that a jury may consider the timing
of a victim's disclosure of sexual abuse in assessing
credibility, and therefore disapproving the contrary holding in
State v. Bethune, 121 N.J. 137 (1990), is not to be given
complete retroactivity to encompass defendant's case on
collateral review, but is limited to pipeline retroactivity
only.

State v. Yusef Allen

03-04-08 A-4685-05T4

On appeal from the denial of defendant's petition for postconviction
relief, the Appellate Division remands for an
evidentiary hearing to determine why defendant declined an offer
for mistrial made by the judge during trial (counsel's statement
during trial that he wasn't doing it for "economic" reasons did
not suffice) and for an evaluation of the credibility of an
individual who gave a post-judgment affidavit exculpating
defendant.

State v. Terrence Echols

02-26-08 A-2377-05T4

In this appeal, the court reversed the denial of
defendant's petition for post-conviction relief, finding
defendant was denied the effective assistance counsel because:
(1) trial counsel failed to fully elicit testimony regarding
defendant's alleged alibi; (2) appellate counsel failed to
pursue on direct appeal the trial judge's refusal to give the
jury an alibi instruction; (3) trial counsel failed to object
and appellate counsel failed to argue on appeal that the
prosecutor's argument in his opening statement -- that the
jurors were safe from defendant and others in the courtroom only
because of the presence of sheriff's officers -- was prejudicial
to his right to a fair trial; and (4) the confluence of these
omissions, in the context of other circumstances, such as the
testimony of witnesses in handcuffs and prison garb, generated a
reasonable doubt about the reliability of the outcome.

State v. Jane H. Chun

3-17-08 (A-96-06)

The Court adopts, as modified, the Special Master’s reports and
recommendations. Subject to certain conditions, the Court holds
that the Alcotest is scientifically reliable and that its
results are admissible in drunk driving prosecutions. The Court
contemporaneously issues an Order vacating its January 10, 2006,
stay of drunk driving prosecutions, appeals, and sentencing,
which shall proceed in accordance with the directives set forth
therein.

Patterson v. Board of Trustees, State Police

Moore v. Board of Trustees, State Police Reitrement
System (A-101-05)
Guadagno v. Board of Trustees, Police and Firemen’s
Retirement System (A-123-05)

A member of the State Police Retirement System or the Police and
Firemen’s Retirement System who suffers from a permanent and
total mental disability as a result of a mental stressor,
without any physical impact, is entitled to accidental
disability retirement if the disability was the direct result of
a mental stressor that was identifiable as to time and place,
that was undesigned and unexpected, that was external to the
member (not the result of a pre-existing disease aggravated or
accelerated by the work), that occurred during and as a result
of the member’s duties, and that was not the result of the
member’s willful negligence. Additionally, the disability must
result from direct personal experience or a terrifying or
horror-inducing event that involved actual or threatened death
or serious injury, or a similarly serious threat to the physical
integrity of the member or another person.

State v. Andre Johnson

2-26-08 (A-81-06)

Defendant has standing under state law to challenge the
warrantless search of the duffel bag in the home in which he was
present, and the fruits of the search are suppressed for failure
to comply with the warrant requirements of Article I, Paragraph
7 of the New Jersey Constitution.

State v. Charles A. Watkins, III

2-21-08 (A-118-06)

Individuals acting alone in furtherance of their own criminal
interests who commit a series of offenses such as thefts or
forgeries are not “part of a continuing business or enterprise”
because they are not part of a larger whole and are not acting
in concert with others.

State v. Sulaiman A. Sloane

2-11-08 (A-40-06)

During a motor vehicle stop, the passenger, like the driver, is
seized under the federal and state constitutions. Police do not
need a reasonable suspicion before they may access the NCIC
database and, because accessing the NCIC database was within the
scope of the traffic stop and did not unreasonably prolong the
stop, there was no basis to suppress the evidence found.

State v. David L. Wilder

1-31-08 (A-87-06)

Based on the State’s evidence and giving the State the benefit
of all favorable inferences, a jury reasonably could have
convicted defendant of serious-bodily-injury murder; thus, the
trial court did not err by sending the murder charge to the
jury. The Court rejects continued use of the Christener rule;
overcharging errors must be reviewed under the “unjust result”
standard established in Rule 2:10-2.

State v. William J. Allegro

1-29-08 (A-119-06)

Allegro’s ineffective assistance of counsel claims arising from
defense counsel’s failure to investigate potential witnesses and
to call those witnesses do not satisfy the two-pronged
Strickland/Fritz standard. His claims in respect of counsel’s
ineffectiveness in the plea discussions and negotiations
requires a remand for development of a more comprehensive record
and the PCR court’s conclusions based on that record.
1-28-08 State v. George Jenewicz (A-78-06)
The cumulative impact of the trial court’s preclusion of
testimony from two defense witnesses and the prosecution’s
improper cross-examination of the defense expert and
disparagement of the defense expert during summation prejudiced
the fairness of defendant’s trial and cast doubt on the
propriety of the jury’s verdict, warranting a new trial.

March 1, 2008

Middlesex County Bar Association 3rd Annual Awards Dinner

Middlesex County Bar Association 3rd Annual Awards Dinner
On March 19, 2008, the Middlesex County Bar Association will hold its third annual awards dinner at Sunny Palace Restaurant on Route 18 South in East Brunswick. Awards will be given to bar members in the following areas: Pro Bono; Non-Litigation; Civil Trial Practice; Criminal Trial Practice; and Municipal Court Practice.

The guest speaker will be Hon. Travis L. Francis, AJSC.
The MCBA will pay tribute to these bar members for their significant contributions to their respective practice areas.
The following awards will be given:

-Pro Bono Attorney-of-the Year Henry Gurshman
-Civil Trial Practitioner-of-the-Year John Gorman
-Criminal Trial Attorney-of-the-Year Jim Nolan & Nicole Albert
-Municipal Court Practitioner-of-the-Year Kenneth Vercammen
-Young Lawyer of the Year Kimberly Yonta Aronow
-Transactional Attorney of the Year Michael Schaff

The purpose of the Awards is to recognize attorneys practicing in Middlesex County and adjacent municipalities who devote a significant portion of their law practice to their respective practice areas and exhibit one or more of the following:

- Leadership in the potential candidate’s field of practice;
- Significant, tangible contributions to the Bar, such as participation in educational panels, Bar committees, etc, pertaining to non-litigation issues;
- Contributions to the community and/or charitable endeavors;
- A record promoting participation and involvement in the MCBA and collegiality within the Association; and
- A reputation for personal and professional integrity.

The evening will commence with a cocktail hour (cash bar) at 6:00 p.m. and dinner will be served at 7:00 p.m. The cost to attend is $35 for MCBA Young Lawyers, $40 for MCBA Members and $45 for all others, in advance.
For additional information, contact the Bar Office at (732) 828-3433, ext. 102.
More details at http://www.mcbalaw.com/cde.cfm?event=186648

Sunny Palace
1069 Route 18 South
East Brunswick, NJ 08816

February 5, 2008

State of New Jersey in the Interest of D.Y.

02-04-08 A-0490-07T4

The prosecutor filed a complaint in the Family Part
charging a juvenile with aggravated assault that led to the
victim's death. More than 30 days later, after further
investigation indicated that the juvenile had far greater
responsibility for the death, the prosecutor dismissed the first
complaint and filed a second complaint charging murder. Within
30 days of the second filing, the prosecutor moved for waiver of
the murder complaint to the Law Division, where the juvenile
would be tried as an adult. We reversed the denial of the
prosecutor's motion, holding: (1) the motion was timely because
the 30 time limit of N.J.S.A. 2A:4A-26(d) and Rule 5:22-2(a) did
not begin to run on the murder complaint until it was filed; (2)
the development of the additional incriminatory evidence after
the filing of the first complaint provided good cause for an
extension of the 30-day time limit even if that time began to
run from the filing of the first complaint.

State v. Quinn Marshall

01-29-08 A-3397-05T4

A judge issued a search warrant for an apartment in a
multiple unit structure but required that the police further
investigate which of two apartments was allegedly involved in
criminality; he did not require that the police return with this
additional, necessary information, but instead issued the
warrant on the condition that it not be executed until that
additional information was obtained. The court concluded that
this process violated the constitutional requirement that a
search warrant be issued by a "neutral and detached magistrate"
because the judge ceded his authority to the discretion of the
police.

The State also argued that the warrant was sufficient
insofar as it had authorized the police to search whichever
apartment was "controlled" or "possessed" by a particular
person. The court held that this loose description did not
conform to the constitutional requirement that the place to be
searched be "particularly describe[d]" in the warrant.

State v. Morgan C. Scott

01-28-08* A-5813-03T4
The primary issue in this case was whether defendant
actually or constructively possessed cocaine that was found in
the vehicle in which he was a passenger. With one judge
dissenting, we affirmed the trial court's decision to deny
defendant's motion for acquittal and his motion for a new trial.
But we remanded for a determination regarding the voluntariness
of statements attributed to defendant and for resentencing.
[*Approved for Publication date]

State v. Ernest J. Read, III

01-24-08 A-1751-03T4

In determining whether to waive a charge of a Chart 1
offense against a juvenile over the age of sixteen, the Family
Part is not required to consider the juvenile's alleged
psychological impairments. N.J.S.A. 2A:4A-26, which authorizes
the Family Part to waive jurisdiction to adult court based on
judicial fact-finding by a preponderance of the evidence, does
not violate a juvenile-defendant's jury trial rights under the
principles set forth in Apprendi and Blakely.

February 4, 2008

State v. B.M.

01-11-08 A-4075-06T5

We hold that a defendant's decision to introduce certain
evidence may trigger the right of the State to rebut any unfair
implication of that evidence. In this matter where sexual abuse
is alleged by a ten-year-old child, we affirm the trial court's
exercise of discretion to permit the defendant to elicit on
cross-examination that the child had also alleged separate
incidents of sexual abuse by three other persons. We remand,
however, for further consideration, in light of the doctrine of
"opening the door," as to whether the State may introduce
evidence of juvenile delinquency adjudications pursuant to
guilty pleas by the other three alleged abusers.

State v. Thomas Conroy, Jr.

01-09-08 A-2384-06T5

The question presented is whether a defendant, who has had
three prior convictions for DWI, is entitled to the benefit of
the ten-year step-down provision of N.J.S.A. 39:4-50(a)(3) on a
fourth conviction, where the first conviction was entered by way
of an uncounseled plea. We answer the question in the
affirmative, determining that when defendant appeared before the
Law Division he stood as a third offender, not a fourth
offender, for the limited purpose of the trial court imposing a
jail sentence under the enhanced sentencing provision of the DWI
statute.

State v. David L. Wilder

1-31-08 (A-87-06)

Based on the State’s evidence and giving the State the benefit
of all favorable inferences, a jury reasonably could have
convicted defendant of serious-bodily-injury murder; thus, the
trial court did not err by sending the murder charge to the
jury. The Court rejects continued use of the Christener rule;
overcharging errors must be reviewed under the “unjust result”
standard established in Rule 2:10-2.

State v. George Jenewicz

1-28-08 (A-78-06)

The cumulative impact of the trial court’s preclusion of
testimony from two defense witnesses and the prosecution’s
improper cross-examination of the defense expert and
disparagement of the defense expert during summation prejudiced
the fairness of defendant’s trial and cast doubt on the
propriety of the jury’s verdict, warranting a new trial.

State v. Manuel B. Ortiz

1-17-08 (A-109-06)

Krol periodic review hearings must be held for those defendants
acquitted by reason of insanity who are committed under N.J.S.A.
2C:4-8(b)(3) as well as for those who are released subject to
supervision or conditions pursuant to N.J.S.A. 2C:4-8(b)(2), but
not for those who are released without supervision or conditions
as provided in N.J.S.A. 2C:4-8(b)(1).

State v. Frederick T. Hamilton

1-16-08 (A-57-06)

The trial court erred in concluding that it had no ability to
ameliorate the undue prejudice to defendant through sanitization
of his earlier conviction. This Court’s prior holding that
sanitization is mandatory in situations in which a prior
conviction is the same or similar to the present charge did not
foreclose from trial courts the discretion to consider
sanitization in other circumstances that pose a risk of undue
prejudice to a defendant.

State v. Morgan Scott

1-10-08 (A-115-06)

The judgment of the Appellate Division is affirmed substantially
for the reasons expressed in the Appellate Division’s majority
opinion.

January 9, 2008

State v. Larry R. Henderson

01-07-08 A-2921-04T4

In this appeal, the court reversed the denial of
defendant's motion to suppress an out-of-court identification
because the Attorney General's "Guidelines for Preparing and
Conducting Photo and Live Lineup Identification Procedures" were
materially breached by the investigating officers' intrusion
into an eyewitness's examination of a photographic array. The
court concluded that this breach of the guidelines gave rise to
a presumption of impermissible suggestiveness and required that
a new Wade hearing regarding the reliability of the
identification be conducted.

State v. Kelvis Calcano

12-20-07 A-3579-06T1

In this bail forfeiture case, the trial court did not abuse
its discretion when it continued defendant's bail although
defendant had lost contact with the surety for a period of time
and thereafter faced a mandatory prison sentence after pleading
guilty. As a result, bail was properly forfeited when defendant
failed to appear at sentencing.

State v. Brandon Krause

12-17-07 A-3737-06T5

Based on defendant's failure to meet his burden of proving
facts that would establish that the Hackettstown noise ordinance
was preempted by the Noise Control Act of 1971, N.J.S.A. 13:1G-1
to -23, the ordinance was held valid and the conviction
affirmed. However, the opinion noted that local noise
ordinances may require DEP approval to be enforceable at least
with respect to certain facilities, such as commercial and
industrial sites.

State v. Lateef J. Colley

12-14-07 A-3347-06T5

A prior conviction in another state for conduct equivalent
to that proscribed by N.J.S.A. 39:4-50 subjects the defendant to
the enhanced penalty provision set by N.J.S.A. 39:3-40f(2) upon
a subsequent conviction in this state.

State of New Jersey v. J.J.

12-11-07 A-2777-05T5

When, as part of a guilty plea, defendant is subject to
community supervision under Megan's Law, the court must ensure
that defendant understands the particular consequences of such
supervision. In this case, defendant was not informed that
Megan's Law would prevent him from living with his new wife and
her child. Therefore, defendant should have been allowed to
withdraw his guilty plea and proceed to trial on all the charges
contained in the indictments.

State v. Roger Emmons

12-07-07 A-5689-05T1

N.J.S.A. 2C:29-7, which proscribes a defendant's failure to
appear either in court or for service of a sentence, is
constitutional. Although a jury instruction in the language of
the second sentence of N.J.S.A. 2C:29-7 would impose an
unconstitutional burden upon a defendant to disprove the
"knowing" mental culpability element of the offense, this
constitutional defect can be avoided by a jury instruction that
omits any reference to a defendant having the burden to prove
that his failure to appear was "not knowingly."

State of New Jersey v. Gary Gaither, a/k/a Gary W. Gaither

11-16-07 A-3063-05T4

Defendant appealed an order denying his petition for postconviction
relief (PCR) alleging ineffective assistance of
appellate counsel. Defendant argued that his appellate
counsel's failure to communicate with him regarding his appeal
constituted ineffective assistance of counsel per se. Secondly,
defendant sought to extend the holding in State v. Rue, 175 N.J.
1 (2002), to appellate counsel. In Rue, the Supreme Court held
that an attorney representing a defendant in a PCR petition is
required to communicate with his client, investigate the
client's claim, and advance all arguments requested by the
client.
We held that the two-prong Strickland analysis is to be
used in such cases and, therefore, that the failure to
communicate is not per se ineffective assistance of counsel. We
also declined to apply Rue to appellate counsel, finding it was
inappropriate and unnecessary.

State v. Daniel Luna

12-19-07 (A-68-06)

It is not possible to infer that defendant knowingly waived his
right to be present at trial because the trial court did not
conduct an inquiry to determine whether defendant willingly
absented himself. For that reason, defendant’s convictions must
be reversed.

State v. Stacey Froland-Kindt

12-12-07 (A-8-06)

A person who acts with the permission of a parent is not guilty
of non-consent kidnapping unless the person uses force, threat
or deception.

State v. Ambrose Harris

12-4-07 (A-95-06)

Defendant Ambrose Harris is not entitled to any relief under
State v. DiFrisco. His petition for post-conviction relief is
denied. To the extent that Harris seeks an extension of
DiFrisco, the application also is denied.