Review of the Major Municipal Court Cases from 2013-2014

Review of the Major Municipal Court Cases from 2013-2014

Nov 25th Municipal Court Practice CLE Seminar 

When:      Tuesday, November 25, 2014 2:00 PM until 4:00 PM  Where:     MCBA Office 87 Bayard Street New Brunswick, New Jersey  08901 

Presenters:     Kenneth A. Vercammen, Esq., Edison  William G. Brigiani, Esq., East Brunswick 

To Register: http://www.mcbalaw.com/event/id/465040/Nov-25th-Municipal-Court-Practice-CLE-Seminar.htm   

Info Contact:    MCBA Jonathan Cowles  jcowles@mcbalaw.com 

Phone: 732.828.3433, x. 102           

             

Cost: $30-Young Lawyers; $40-MCBA Members; and $75-All Others

Click here to download a reservation form.

This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.0 hours of total CLE credit. Of these, 2.0 credits qualify for certification in municipal court law.

Some of the featured cases will include:

• State v Kates - Defendant can be entitled to Adjournment to Select Own Counsel;

• State v. Gibson - Police can’t search just because person is in no loitering area;

• State v. Coles - If Defendant detained, third person’s consent to search no good;

• State v. Lamb - Co-Occupant consent to search valid;

• State v. Witt - Suppression granted where stop based on driver high beams on;

• State v. Frye - Prior DWI counts for enhanced refusal;

• State v. Jones - No warrant for DWI blood needed tickets issued before 2013;

• State v. Sylvester - Driving While Suspended conviction upheld although DWI conviction vacated;

• . . . and a review of the most significant cases from 2013.

Top New Laws: New law finally establishes a Conditional Dismissal for 1st time offenders in Municipal Court

BY KENNETH A. VERCAMMEN

1 Court cannot consider Suppression Motion testimony unless agreed by defendant  State v Gibson __ NJ __ A-11-13

2  US Supreme Court requires warrant before taking of blood in DWI

 Missouri v McNeely 133 S. Ct. 1552 (2013)

       

3 Police seeing defendant-smoking joint in open door justified the warrantless entry into defendant’s apartment and the seizure of the marijuana cigarette.

 State v Walker 213 N.J. 281 (2013)

4 Sixteen-month delay for DWI inhibited defendant’s speedy trial right. State v Cahill 213 N.J. 253 (2013)

5 Bias statute requires proof of defendant intended bias, not victim perception. State v. Pomianek 213 N.J. 253 (2013)

6 Municipal Court Judge must recuse where there is an appearance of impartiality, not just actual conflict

   Judge can’t hear police cases in town where his son is a cop.

  In the Matter of ADVISORY LETTER NO. 7–11 OF the SUPREME COURT ADVISORY COMMITTEE ON EXTRAJUDICIAL ACTIVITIES 213 NJ 63 (2013)

7 Investigator violated rules by destroying notes. State v. Dabas 215 NJ 114 (2013)

         

8 Sometimes AIR permitted mid trial where defense did not claim prejudice

State v Wolfe 431 NJ Super. 356 (App. Div. 2013)

       

9 Prosecution should not interfere with defense ability to interview witnesses

State v Blazas 432 NJ Super. 326 (App. Div. 2013)

        

10 Police Officer reading inaccurate refusal warning is not a defense to refusal charge

State v. O’Driscoll 215 NJ 461 (2013)

           

11 Court must examine perceived attorney conflict before hearing motion to adjourn.

State v Vasquez 432 NJ Super 354 (App. Div. 2013)

12 Cellphone can’t be tracked without warrant State v. Earls 214 N.J. 564 (2013)

13. No suppression of blood result from 2008 based on 2013 new case

State v Adkins 433 NJ Super. 479 (App. Div. 2013)

14. After eviction, tenant does not have expectation of privacy State v Hinton 216 NJ 211(2013)

         

15. The community-caretaking doctrine is not a justification for the warrantless entry and search of a home in the absence of some form of an objectively reasonable emergency. State v Vargas 213 N.J. 301 (2013)

        

16. Denying Public defender client adjournment did not violate rights State v. Miller 216 NJ 76 (2013)

17. Failure by State Police to create and maintain a centralized statewide database not a violation of the Supreme Court Chun Order. 

State v Chun 215 NJ 489 (2013)   

         

18. Defendant can be entitled to Adjournment to Select Own Counsel. State v Kates 216 NJ 393 (2014)

19. Police can’t search just because person is in no loitering area.
    State v. Gibson 214 NJ 564 (2014)

20. In the Matter of Louis DiLeo 216 NJ 449 (2014)

         The Judge should have adjourned trial for defendants to have an attorney

21. If Defendant detained, third person’s consent to search no good. State v. Coles 217 NJ 467 (2014)

22. Co-Occupant consent to search valid. State v. Lamb ­­­­­

23 If mandatory 180 days without parole, can’t get credit for inpatient State v. French  __ NJ Super. __ (App. Div 2014)

24 Suppression granted where stop based on driver high beams on. State v. Witt 435 NJ Super. 608 (App. Div. 2014) 

25. Prior DWI counts for enhanced refusal. State v. Frye ­­­217 NJ. 566 (2014)

26 Driving While Suspended Conviction Upheld Although DWI Conviction Vacated. State v. Sylvester __ N.J. Super. __ (App. Div. 2014

27. No warrant for DWI blood needed for tickets issued before 2013. State v, Jones __ NJ Super. __ (App. Div. 2014)

Supervising chemist can testify in vehicular homicide if they independently verified correctness of blood test results State v. Michaels ­­­­__ NJ__ (2014)

29 Supervising chemist can testify in rape case if they independently verified correctness of DNA results State v.  Roach __ NJ __ (2014) 

30 Defendant has burden to timely to object to testimony by pathologist who did not perform the victim’s autopsy State v. Williams __ NJ__ (2014)

31 For unlicensed driver, can’t get both fine and jail. State v. Carreon __ NJ Super. __ (App. Div. 2014)

      Top new Laws:

       New law finally establishes a Conditional Dismissal for 1^st time offenders in Municipal Court. Ken Vercammen testified in favor of the passage before the Assembly Judiciary Committee.

No insurance Law 39:6 R-2 amended to provide discretion for no DL suspension