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
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 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
