Ken Vercammen's NJ Laws email newsletter January 4, 2004 #144 Happy New Year One of the pleasures of this new year is the opportunity it gives to thank you for your friendship, goodwill and the very pleasant association we enjoy with all our friends and clients. We sincerely appreciate this relationship and are thankful for the confidence clients and have shown in us, and the friends who have referred people to our office. In the true spirit of the holiday season, may we all be thankful and share in the hope for peace on earth and goodwill toward our fellow man. May 2004 bring happiness and good health to you and those you love. In this issue: 1. DMV Surcharge Sometimes Dischargeable in Bankruptcy 2. Law Enforcement Cannot Fabricate Evidence to Get Confession. 3. Anti Sodomy Law Violates Due Process 4. More New traffic articles/links on www.njlaws.com 5 New Personal Injury/ Civil Litigation articles on www.njlaws.com 6. Upcoming Community Events _______________________ 1. DMV Surcharge Sometimes Dischargeable in Bankruptcy. In re Pulley ___ BK. ___ DDS No. 42-6-4163 (Bank. July 25, 2003). Motor vehicle ³surcharges² levied by the New Jersey Division of Motor Vehicles are dischargeable debts, and the State¹s motion for summary judgment declaring the surcharges to be an exception to discharge pursuant to 11 U.S.C. § 523(a)(7) is denied; although heavily regulated, the Market-Transition Facility is not an arm or alter ego of the state; additionally, contrary to In re Kish, 221 B.R. 118 (Bankr. D.N.J. 1998), the Joint Underwriting Association, the predecessor to the MTF, is similarly not arm or alter ego of the State. Source: 173 N.J.L.J. 342 2. Law Enforcement Cannot Fabricate Evidence to Get Confession. State v. Patton 362 NJ Super. 16 (App. Div. 2003). The Court held that law enforcement officers may not fabricate evidence to prompt a confession and later introduce that police-fabricated evidence at trial to support the voluntariness of the confession. 3. Anti Sodomy Law Violates Due Process. Lawrence v. Texas ___ US ___ 02-102 (June 26, 2003). Statutes making it a crime for two persons of the same sex to engage in certain intimate sexual conduct violates the Due Process Clause. Source: 173 N.J.L.J. 52 4. More New traffic articles on www.njlaws.com 39:4-130. Failure to report accident http://www.njlaws.com/failure_to_report_accident.htm 39:4-144. Failure to observe stop or yield signs http://www.njlaws.com/failure_to_observe_stop_or_yield_signs.htm 39:5D-1. Moving Violation out of State http://www.njlaws.com/moving_violation_out_of_state.htm 5 New Personal Injury/ Civil Litigation articles on www.njlaws.com: RULE 4:6. CIVIL DEFENSES AND OBJECTIONS: WHEN AND HOW PRESENTED; BY PLEADING OR MOTION; MOTION FOR JUDGMENT ON PLEADINGS http://www.njlaws.com/rule_4-6_civil_defenses_and_objections.htm Evidence RULE 104. PRELIMINARY QUESTIONS http://www.njlaws.com/preliminary_questions.htm RULE 702. TESTIMONY BY EXPERTS RULE 703. BASES OF OPINION TESTIMONY BY EXPERTS RULE 704. OPINION ON ULTIMATE ISSUE http://www.njlaws.com/rule_702_testimony_by_experts.htm 6. Upcoming Community Events Jan. 8 & 22 Middlesex County Bar Association- Civil Trial Seminar Series [Ken V is moderator] Jan. 10 Hashathon 4 mile Trial Run - starts at Ken's office, Edison Jan. 21 Middlesex County Bar Association General Meeting Jan. 24 ICLE Municipal Court Seminar - Cherry Hill [Ken V is speaker] Jan. 25- Chinese New Year Parade- Chinese Chamber of Commerce [Ken V is member] Jan. 30 - Middlesex County Bar Association Bench Bar Feb. 2 - Middlesex County Bar Association Municipal Court Committee Speaker Judge Lydia Kuhn Feb. 5 & 19 - Middlesex County Bar Association- Civil Trial Seminar Series [Ken V is moderator] Feb. 7 Raritan Valley Road Runners Running Club Awards Dinner [Ken V gets award for winning Scranton Hook O'Malley 5k Charity run Feb. 26 - Middlesex County Bar Association Judicial Breakfast March 1 - Scranton Pre-Law March 16 - Middlesex County Bar Association Goes Local - Jackie Cooper's - Edison March 12 - Friendly Sons Friday March 15 Middlesex County Bar Association Municipal Court Committee - speaker Judge Susan Scarola March 17 St. Patrick's day We are not a big, impersonal Essex County law firm. We offer the personal attention, dedication and responsiveness of a small local firm. In Personal Injury cases and Probate litigation, we will keep you informed, promptly answer your questions and help you obtain needed assistance. We handle accident cases where people have been injured because of the negligence of others. Put our experience to work for you. _________________________ Thank you for reading our newsletter! God Bless America USA #1 Kenneth Vercammen, Esq. 2053 Woodbridge Ave. Edison, NJ 08817 NEW PHONE 732-572-0500 New (Fax) 732-572-0030 website: www.njlaws.com Editor's Note and Disclaimer: All materials Copyright 2004. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included. Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. 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