State v. Frank Dellisanti (A-29-09) 4-27-10
The arrest of defendant Frank Dellisanti for a
probation violation during jury deliberations in his
unrelated criminal trial violated his right under Rule
3:16(b) to be present through the trial’s conclusion
and the rendering of the verdict. Because the record
does not establish that the Rule’s conditions for
waiver were satisfied, the Court reverses Dellisanti’s
convictions and remands for a new trial.
Wednesday, April 28, 2010
STATE v. KARL LESTER MURPHY (A-3693-08T4)
STATE OF NEW JERSEY v. KARL LESTER MURPHY A-3693-08T4
We held that the trial judge's rulings, authorizing the
State to use a seventeen-year-old prior conviction to impeach
defendant's credibility and permitting the prosecutor to argue
that a testifying police officer had no incentive to lie,
deprived defendant of his right to a fair trial. We agreed with
defendant's contention that the prosecutor's summation exceeded
the boundaries of legitimate advocacy when she vouched for the
credibility of her witness. We likewise agreed with defendant's
claim that because he had no intervening convictions, this
seventeen-year-old conviction was so stale that its probative
value was vastly outweighed by its prejudicial effect, and the
judge therefore erred by permitting the State to use it to
impeach his credibility. In this trial, where the State's
proofs were far from overwheerrors harmless.
We held that the trial judge's rulings, authorizing the
State to use a seventeen-year-old prior conviction to impeach
defendant's credibility and permitting the prosecutor to argue
that a testifying police officer had no incentive to lie,
deprived defendant of his right to a fair trial. We agreed with
defendant's contention that the prosecutor's summation exceeded
the boundaries of legitimate advocacy when she vouched for the
credibility of her witness. We likewise agreed with defendant's
claim that because he had no intervening convictions, this
seventeen-year-old conviction was so stale that its probative
value was vastly outweighed by its prejudicial effect, and the
judge therefore erred by permitting the State to use it to
impeach his credibility. In this trial, where the State's
proofs were far from overwheerrors harmless.
STATE OF NEW JERSEY VS. E.W. (A-0146-08T4)
STATE OF NEW JERSEY VS. E.W. A-0146-08T4 (4-27-10)
We held that defendant was entitled to post-conviction
relief consisting of vacation of an illegal sentence when
evidence demonstrated that defendant had committed a sexual
assault on a juvenile in 1979 when the statute of limitations
for the offense was five years, the statute of limitations on
the offense had expired prior to the amendment of N.J.S.A. 2C:1-
6 in 1986 to exempt sexual assault from the five-year bar, and
defendant was not indicted for the crime until 1991. Any
application of the 1986 version of N.J.S.A. 2C:1-6 to preserve
the claim against defendant violated the Constitution's Ex Post
Facto Clause, and thus both his conviction and sentence were
illegal.
We held that defendant was entitled to post-conviction
relief consisting of vacation of an illegal sentence when
evidence demonstrated that defendant had committed a sexual
assault on a juvenile in 1979 when the statute of limitations
for the offense was five years, the statute of limitations on
the offense had expired prior to the amendment of N.J.S.A. 2C:1-
6 in 1986 to exempt sexual assault from the five-year bar, and
defendant was not indicted for the crime until 1991. Any
application of the 1986 version of N.J.S.A. 2C:1-6 to preserve
the claim against defendant violated the Constitution's Ex Post
Facto Clause, and thus both his conviction and sentence were
illegal.
Sunday, April 18, 2010
RECENT CHANGES IN MUNICIPAL COURT LAW: 2010 – Law Center
RECENT CHANGES IN MUNICIPAL COURT LAW: 2010 – Law Center
Monday, May 03, 2010
5:30 PM to 9:00 PM
New Jersey Law Center, New Brunswick / S1507-15379
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year
K. Vercammen & Associates
Speakers include:
HON. JOAN ROBINSON GROSS, PJMC
(Union County)
Chair, Supreme Court Municipal Practice Committee (Union County)
WILLIAM G. BRIGIANI, ESQ.
Brigiani, Cohen & Schneider
NORMA M. MURGADO, ESQ.
Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)
Murgado & Carroll, Esq. (Elizabeth)
JOHN MENZEL, ESQ.
Moore & Menzel
Are you prepared to prosecute or defend your client in new Alcotest cases?
This informative guide to Municipal Court practice and procedure will familiarize you with the most recent developments affecting cases that are heard in Municipal Court.
An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
Program Preview:
• Criminal Case Law and Legislative Update
• The Prosecutor’s Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues
• Judicial Perspective: Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff
• Recent developments in traffic law, merged traffic tickets and more
• DWI and Chun
• Ask the Experts
Tuition fees Reg. Fee Reg. Type Seminar # S1507-15378
Register by 3/31/10 $109.00 EB
GENERAL TUITION (REG) $169.00 REG
NJICLE SEASON TICKETS (STX) 1 Season Ticket(s) STX
MEMBERS, CO-SPONSORING SECTION (COS) $119.00 COS*
MEMBERS, NJSBA (NJB*) $129.00 NJB*
MEMBERS, NJSBA YLD (YLD*) $119.00 YLD*
Recent admittees (past 2 years) (YL) $145.00 YL
Paralegals (PAR) $119.00 PAR
Law Students (with Student ID) (STU) $0.00 STU
Full Time Judges (JUD) $0.00 JUD
Seminar number S1507-15379
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers’ Division
DOOR REGISTRATIONS: $189
Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee. PLEASE CALL FIRST to confirm the seminar schedule and space availability.
* NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.
New Jersey Institute for Continuing Legal Education
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
One Constitution Square,
New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 • CustomerService@njicle.com
Monday, May 03, 2010
5:30 PM to 9:00 PM
New Jersey Law Center, New Brunswick / S1507-15379
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year
K. Vercammen & Associates
Speakers include:
HON. JOAN ROBINSON GROSS, PJMC
(Union County)
Chair, Supreme Court Municipal Practice Committee (Union County)
WILLIAM G. BRIGIANI, ESQ.
Brigiani, Cohen & Schneider
NORMA M. MURGADO, ESQ.
Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)
Murgado & Carroll, Esq. (Elizabeth)
JOHN MENZEL, ESQ.
Moore & Menzel
Are you prepared to prosecute or defend your client in new Alcotest cases?
This informative guide to Municipal Court practice and procedure will familiarize you with the most recent developments affecting cases that are heard in Municipal Court.
An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
Program Preview:
• Criminal Case Law and Legislative Update
• The Prosecutor’s Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues
• Judicial Perspective: Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff
• Recent developments in traffic law, merged traffic tickets and more
• DWI and Chun
• Ask the Experts
Tuition fees Reg. Fee Reg. Type Seminar # S1507-15378
Register by 3/31/10 $109.00 EB
GENERAL TUITION (REG) $169.00 REG
NJICLE SEASON TICKETS (STX) 1 Season Ticket(s) STX
MEMBERS, CO-SPONSORING SECTION (COS) $119.00 COS*
MEMBERS, NJSBA (NJB*) $129.00 NJB*
MEMBERS, NJSBA YLD (YLD*) $119.00 YLD*
Recent admittees (past 2 years) (YL) $145.00 YL
Paralegals (PAR) $119.00 PAR
Law Students (with Student ID) (STU) $0.00 STU
Full Time Judges (JUD) $0.00 JUD
Seminar number S1507-15379
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers’ Division
DOOR REGISTRATIONS: $189
Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee. PLEASE CALL FIRST to confirm the seminar schedule and space availability.
* NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.
New Jersey Institute for Continuing Legal Education
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
One Constitution Square,
New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 • CustomerService@njicle.com
Friday, April 16, 2010
STATE OF New Jersey v. GERMAINE A. HANDY (A-1838-07T4)
STATE OF NEW JERSEY v. GERMAINE A. HANDY
A-1838-07T 04-12-10
This appeal required us to determine whether evidence found
during the search incident to defendant's arrest should have
been suppressed because the dispatcher who incorrectly informed
the arresting officer that there was an outstanding arrest
warrant acted unreasonably under the circumstances, even though
the conduct of the arresting officer himself was reasonable.
The warrant at issue, which was ten years old at the time, had
the same birth month, but a different birth day and year. The
first name on the warrant was a variant spelling of defendant’s
first name. We concluded that suppression is required and,
consequently, reversed the conviction.
A-1838-07T 04-12-10
This appeal required us to determine whether evidence found
during the search incident to defendant's arrest should have
been suppressed because the dispatcher who incorrectly informed
the arresting officer that there was an outstanding arrest
warrant acted unreasonably under the circumstances, even though
the conduct of the arresting officer himself was reasonable.
The warrant at issue, which was ten years old at the time, had
the same birth month, but a different birth day and year. The
first name on the warrant was a variant spelling of defendant’s
first name. We concluded that suppression is required and,
consequently, reversed the conviction.
Wednesday, April 14, 2010
State of New Jersey v. J.G. (A-44-08)
State of New Jersey v. J.G. (A-44-08) 4-7-10
The cleric-penitent privilege applies when, under the
totality of the circumstances, an objectively
reasonable penitent would believe that a communication
was secret, that is, made in confidence to a cleric in
the cleric’s professional character or role as a
spiritual advisor.
The cleric-penitent privilege applies when, under the
totality of the circumstances, an objectively
reasonable penitent would believe that a communication
was secret, that is, made in confidence to a cleric in
the cleric’s professional character or role as a
spiritual advisor.
New Jersey Division of Youth and Family Services v. M.C. III In the Matter of M.C. IV and N.C. (A-96/97-08)
New Jersey Division of Youth and Family Services v.
M.C. III
In the Matter of M.C. IV and N.C. (A-96/97-08)
3-31-10
The trial court’s findings of abuse and neglect in
this case were supported by sufficient evidence,
defendant M.C. is barred by the doctrine of invited
error from contesting on appeal the admission of
documents that were admitted into evidence with his
express consent, and the trial court did not err in
relying on those documents.
M.C. III
In the Matter of M.C. IV and N.C. (A-96/97-08)
3-31-10
The trial court’s findings of abuse and neglect in
this case were supported by sufficient evidence,
defendant M.C. is barred by the doctrine of invited
error from contesting on appeal the admission of
documents that were admitted into evidence with his
express consent, and the trial court did not err in
relying on those documents.
State of New Jersey in the Interest of C.V. (A-6-09
State of New Jersey in the Interest of C.V. (A-6-09) 3-22-10
The Supreme Court has no disagreement with the
Appellate Division’s unassailable determination that
C.V.’s placements in YCS and VisionQuest do not
satisfy the intended concept of detention in Rule
5:21-3(e) to qualify for mandatory day-to-day credit.
In addition, the Court holds that the Family Part
court retains the flexibility, in appropriate cases,
to grant a probationer who violated or otherwise
imperfectly performed the conditions of probation any
sentence the court could have initially imposed.
The Supreme Court has no disagreement with the
Appellate Division’s unassailable determination that
C.V.’s placements in YCS and VisionQuest do not
satisfy the intended concept of detention in Rule
5:21-3(e) to qualify for mandatory day-to-day credit.
In addition, the Court holds that the Family Part
court retains the flexibility, in appropriate cases,
to grant a probationer who violated or otherwise
imperfectly performed the conditions of probation any
sentence the court could have initially imposed.
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