Review of the Major Municipal Court Cases 2014
NJSBA Municipal Court Practice CLE Seminar
February
23, 2015 4pm
NJ
Law Center, New Brunswick, NJ
Presenter: Kenneth A. Vercammen, Esq., Edison
To Register: http://www.njsba.com
Info
Contact: NJSBA 732-249-5000
Cases to be discussed:
_ Court cannot consider Sup Mt testimony unless agreed by
defendant
State v. Gibson
219 NJ 227 (2014)
_ Defendant
can be entitled to Adjournment to Select Own Counsel.
State v Kates
216 NJ 393 (2014)
State v Adkins
433 NJ Super. 479
(App. Div. 2013) cert granted
_ Defendant
can be entitled to Adjournment to Select Own Counsel. State v Kates 216 NJ 393 (2014)
_ Police can’t search just because person is in
no loitering area.
State v. Gibson 214 NJ 564 (2014)
State v. Gibson 214 NJ 564 (2014)
Suppression granted where stop based on driver high beams
on.
State v. Witt
435
NJ Super. 608 (App. Div. 2014)
__ In
the Matter of Louis DiLeo 216 NJ 449 (2014)
The Judge
should have adjourned trial for defendants to have an attorney
__ If Defendant
detained, third person’s consent to search no good. State v. Coles 217
NJ 467 (2014)
__. Co-Occupant consent to search valid. State v. Lamb
__ If mandatory 180 days
without parole, can’t get credit for inpatient State v. French __ NJ Super. __ (App. Div 2014)
__ Suppression granted where stop based on driver high beams on. State
v. Witt 435 NJ Super. 608 (App. Div. 2014)
__ Prior DWI counts for enhanced refusal. State v. Frye 217 NJ. 566 (2014)
__ Driving While Suspended Conviction Upheld Although DWI Conviction
Vacated. State v. Sylvester __ N.J.
Super. __ (App. Div. 2014
__ 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)
_
Supervising chemist can testify in rape case if they independently verified
correctness of DNA results State v.
Roach __ NJ __ (2014)
_ Defendant
has burden to timely to object to testimony by pathologist who did not perform
the victim’s autopsy State v. Williams __ NJ__ (2014)
_ 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 1st 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