Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 www.njlaws.com
Kenneth Vercammen was included in the “Super Lawyers” list published by Thomson Reuters

Tuesday, May 19, 2009

05-18-09 STATE V. ROBBINS A-0365-08T4

05-18-09 STATE V. GEORGE L. ROBBINS
A-0365-08T4

In order to successfully challenge the defendant's
enrollment in the Pretrial Intervention ("PTI") Program, the
State's appeal must be filed within fifteen days of the order of
enrollment to obtain a stay of the order. The Rules provide
that an order of enrollment into PTI over the Prosecutor's
objection is final for purposes of appeal, but must be filed
within fifteen days to stay defendant's participation in the
program.

05-13-09 State v. Pollock A-5958-07T4

05-13-09 State of New Jersey v. Geoffrey Pollock
A-5958-07T4

Defendant appealed his conviction for a per se violation of
N.J.S.A. 39:4-50, driving with a blood alcohol concentration of
0.08 percent or more. We are called upon to determine whether
the semiannual-recalibration requirement for Alcotest machines,
established by the Supreme Court in State v. Chun, 194 N.J. 54,
cert. denied, ___ U.S. ___, 129 S. Ct. 158, 172 L. Ed. 2d 41
(2008), is applicable to cases in which the test was
administered prior to Chun and in compliance with the then
existing annual-recalibration protocol. Because we determined
that the change mandated by Chun wasto such, we affirmed the conviction.

05-12-09 State v. Green A-1892-07T4

05-12-09 State of New Jersey v. Robert Dwayne Green
A-1892-07T4

It was error for the Criminal Division Manager to refuse
defendant the opportunity to submit an application for pre-trial
intervention. Pursuant to Rule 3:28 and the accompanying PTI
Guidelines, a defendant must be allowed to apply for PTI, even
if the application is unlikely to be granted due to the
prosecutor's opposition. Accordingly, we reversed the Law
Division order denying defendant's PTI appeal motion, and
remanded with direction that the Criminal Division Manager allow
defendant to submit an applicmerits of the application.

05-05-09 State v. J.K. A-1314-07T4

05-05-09 State v. J.K.
A-1314-07T4

The pipeline retroactivity holding of State v. Bellamy, 178
N.J. 127 (2003), remains viable notwithstanding additional data
now available on the number of sex offenders civilly committed
under the SVPA who pled guilty to a predicate offense before
adoption of the SVPA, without advice of potential SVPA
consequences, and whose case wasappeal when Bellamy was decided.

05-04-09 State v. Mosner A-1650-07T4

05-04-09 State v. David Mosner
A-1650-07T4

Admission into the Pre-Trial Intervention program can be
conditioned on the defendant's guilty plea to a motor vehicle
offense carrying a mandatory 180-day term of imprisonment where
the defendaineffective.

04-21-09 State v. Finesmith A-1056-08T4

04-21-09 State v. Ross Finesmith
A-1056-08T4

Under the "reasonable continuation" doctrine, a single
search warrant may provide authorization for the executing
officers to make more than one entry into the premises
identified in the warrant if they are unable to locate an item
of evidence specified in the warrant during their initial entry.
In order for a re-entry into premises to be considered a
reasonable continuation of the search authorized by the warrant,
two conditions must be satisfied: first, the subsequent entry
must be a continuation of the original search, rather than a new
and separate search; and second, the decision to conduct a
second entry to continue the search must be reasonable under the
totality of the circumstances.

5-12-09 State v. Fortin (A-27-08)

5-12-09 State v. Steven R. Fortin (A-27-08)

Because defendant had prior notice of the former statute’s death
penalty procedures, there is no impediment to proceeding to the
penalty phase under the former statute. If the jury concludes
that the State has proven beyond a reasonable doubt that the
aggravating factors outweigh the mitigating factors, rendering
defendant subject to a death sentence under the former law, then
imposing a life-without-parole sentence under the new law would
not violate the Ex Post Facto Clause. If the jury finds in
favor of a non-death sentence, defendant must be sentenced under
the law as it existed at the time of the offense, to a term of
thirty years to life with a thirty-year parole disqualifier.

5-4-09 State v. Coder (A-28-08)

5-4-09 State v. Terry W. Coder (A-28-08)

In defendant’s criminal trial on charges of sexual assault on a
minor, the out-of-court statements by the victim – a three-year-
old child – as testified to by her mother, were properly
admitted because the statements were relevant and admissible
under the tender years exception to the hearsay rule.
Additionally, because the child’s statements were not
testimonial, they did not implicate the defendant’s
Confrontation Clause rights.

Sunday, May 10, 2009

Latest Cases and Court Rules in Municipal Court program Thursday, May 14
 8 - 9:30 a.m.

Latest Cases and Court Rules in Municipal Court program Thursday, May 14
 8 - 9:30 a.m.

Speaker: Kenneth Vercammen, Esq. Edison, NJ
The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14. If you haven't already registered, what are you waiting for? Don't miss the opportunity to earn up to 10 CLE credits at over 60 informative and timely programs.
The NJSBA Municipal Court Section is sponsoring 4 seminars in one day on Thursday May 14, 2009 at the annual convention in AC. Get 6 credits plus breakfast and lunch for a one day fee:

Register online now!
Municipal Court Practice Track:
(includes full day convention access to all other tracks, vendors, and food buffets
Breakfast Buffet at Exhibition Hall
Municipal Court Practice Section Municipal COURT TRACK

8:00 am - The Latest Cases and Court Rules in Municipal Court
Thursday, May 14
 8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ

10:00 am - DWI in the Age of Chun, 1.5 credits
Speaker: 
Jeffrey Evan Gold, Esq.


Luncheon Buffet at Exhibition Hall

1:00 pm - What to Look for in Alcotest Discovery, 1.5 credits
Speaker: Arnold N. Fishman, Esq.


3:00 pm - Municipal Court Bench/Bar Forum. 1.5 credits
Panelists: 
Hon. Joan Robinson Gross, P.J.M.C.
Hon. Robert F. Schaul, JMC
Hon. E. Ronald Wright, JMC
Paris P. Eliades, Esq. 
Courter Kobert & Cohen, PC
Jeffrey E. Gold, Esq.

Deborah Veach, Esq.
 Municipal Prosecutor, Township of Teaneck
Other important programs:
-Equity Jurisprudence Committee Litigation TRACK (CHANCERY)
Thursday, May 14 
1 - 2:30 p.m.
Chancery judges and general equity practitioners will discuss a variety of topics, including foreclosure mediation, equity practice in the current economic crisis and other priceless tips for chancery litigators.
Moderator: Alexandra V. Gallo, Esq., McElroy 
Deutsch, Mulvaney & Carpenter, LLP
Speakers:
 Hon. Harriet Derman, P.J.Ch.
Hon. Glenn Berman, J.S.C.
Hon. Harriet Farber Klein, J.S.C.
Frederick W. Alworth, Esq. Gibbons, PC
Thomas P. Scrivo, Esq.
 McElroy, Deutsch, Mulvaney & Carpenter, LLP
Kevin M .Wolfe, Esq. 
Chief Civil Practice Liaison, Administrative Office of the Courts
-Prosecuting and Defending the Police Officer
Criminal Law Section Litigation TRACK (CRIMINAL)
Thursday, May 14
 3 - 4:30 p.m.
Moderator: 
Robert Brass, Esq.
 Picillo Caruso Pope Edell Picini, PC
Speakers: 
Paul J. Bradley, Esq.
 Supervising Assistant Prosecutor, Essex County Prosecutor's Office
Kevin P. McCann, Esq.
 NJSBA Treasurer
John L. Molinelli, Esq. Bergen County Prosecutor
Brian J. Neary, Esq
Anthony J. Pope, Esq.
 Picillo Caruso Pope Edell Picini, PC

Kenneth Vercammen named Super Lawyer for 2009 in the Criminal Law- DWI practice area.

    Kenneth Vercammen was selected to the 2015 Super Lawyers list. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found at www.superlawvers.com/about/selection process detail.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

       Also, Kenneth Vercammen also passed the test to become one of the few Municipal Court Law Attorneys.
 SUPREME COURT OF NEW JERSEY

    It is ORDERED that, pursuant to Rule 1:39-5(a), the following named attorneys, having applied to the Board on Attorney Certification and having been found qualified by the Board, are hereby authorized to designate themselves as Municipal Court Law Attorneys before the public, the bar, and the courts of this State in accordance with the Rules of this Court during their good behavior for a term of five years from the date of this Order. ….. …… Kenneth Vercammen Middlesex
SUPER LAWYERS SELECTION PROCESS
OVERVIEW
In selecting attorneys for Super Lawyers, Law & Politics employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.

PUBLICATION
The final published list represents no more than 5 percent of the lawyers in the state. The lists are published annually in state and regional editions of Super Lawyers magazines and in inserts and special advertising sections in leading city and regional magazines and newspapers. All attorneys selected for inclusion in Super Lawyers, regardless of year, can be found on superlawyers.com.
http://www.superlawyers.com/new-jersey/lawyer/Kenneth-A-Vercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html

Latest Cases and Court Rules in Municipal Court

Latest Cases and Court Rules in Municipal Court
Thursday, May 14
 8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ

The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14. If you haven't already registered, what are you waiting for? Don't miss the opportunity to earn up to 10 CLE credits at over 60 informative and timely programs.
The NJSBA Municipal Court Section is sponsoring 4 seminars in one day on Thursday May 14, 2009 at the annual convention in AC. Get 6 credits plus breakfast and lunch for a one day fee:

Register online now!
Municipal Court Practice Track:
(includes full day convention access to all other tracks, vendors, and food buffets
Breakfast Buffet at Exhibition Hall
Municipal Court Practice Section Municipal COURT TRACK

8:00 am - The Latest Cases and Court Rules in Municipal Court
Thursday, May 14
 8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ

10:00 am - DWI in the Age of Chun, 1.5 credits
Speaker: 
Jeffrey Evan Gold, Esq.


Luncheon Buffet at Exhibition Hall

1:00 pm - What to Look for in Alcotest Discovery, 1.5 credits
Speaker: Arnold N. Fishman, Esq.


3:00 pm - Municipal Court Bench/Bar Forum. 1.5 credits
Panelists: 
Hon. Joan Robinson Gross, P.J.M.C.
Hon. Robert F. Schaul, JMC
Hon. E. Ronald Wright, JMC
Paris P. Eliades, Esq. 
Courter Kobert & Cohen, PC
Jeffrey E. Gold, Esq.

Deborah Veach, Esq.
 Municipal Prosecutor, Township of Teaneck
Other important programs:
-Equity Jurisprudence Committee Litigation TRACK (CHANCERY)
Thursday, May 14 
1 - 2:30 p.m.
Chancery judges and general equity practitioners will discuss a variety of topics, including foreclosure mediation, equity practice in the current economic crisis and other priceless tips for chancery litigators.
Moderator: Alexandra V. Gallo, Esq., McElroy 
Deutsch, Mulvaney & Carpenter, LLP
Speakers:
 Hon. Harriet Derman, P.J.Ch.
Hon. Glenn Berman, J.S.C.
Hon. Harriet Farber Klein, J.S.C.
Frederick W. Alworth, Esq. Gibbons, PC
Thomas P. Scrivo, Esq.
 McElroy, Deutsch, Mulvaney & Carpenter, LLP
Kevin M .Wolfe, Esq. 
Chief Civil Practice Liaison, Administrative Office of the Courts
-Prosecuting and Defending the Police Officer
Criminal Law Section Litigation TRACK (CRIMINAL)
Thursday, May 14
 3 - 4:30 p.m.
Moderator: 
Robert Brass, Esq.
 Picillo Caruso Pope Edell Picini, PC
Speakers: 
Paul J. Bradley, Esq.
 Supervising Assistant Prosecutor, Essex County Prosecutor's Office
Kevin P. McCann, Esq.
 NJSBA Treasurer
John L. Molinelli, Esq. Bergen County Prosecutor
Brian J. Neary, Esq
Anthony J. Pope, Esq.
 Picillo Caruso Pope Edell Picini, PC
It's not too late! There's still time to register. Don't get left behind!