Ken Vercammen's NJ Laws email newsletter December 16, 2005 E200 In this issue: 1. Season's Greetings 2. Christmas/ Holiday song links to lyrics: 3. Stop okay if based on DMV error. State v. Pitcher 4. Retrial in absentia requires prior absentia. State v. Dwight 5. Judge should not limit defendant's presentation defense. State v. Wickliff 6. Links to Christmas Religious songs 7. FREEZING COLD HASH RUN Sat. Jan. 7, 2006 10:17am 8. Law Clerk Internships for College Credit _________________________ 1. Season's Greetings One of the pleasures of this holiday season is the opportunity it gives to thank you for your friendship, goodwill and the very pleasant association we enjoy with our friends, clients and email subscribers. We sincerely appreciate this relationship and are thankful for the confidence clients have shown in us. In the true spirit of the season, may we all be thankful and share in the hope for peace on earth and goodwill toward our fellow man. May the new year bring happiness and good health to you and those you love. _________________________________ 2. Christmas/ Holiday song links to lyrics: http://www.nevada.edu/~blake/Christmas.songs.html Contents 1. Baby Just Like You 2. All I Want For Christmas Is My Two Front Teeth 3. Blue Christmas 4. Christmas Dinner 5. Christmas For Cowboys 6. Christmas In Killarney 7. Deck the Halls 8. First Christmas 9. Frosty the Snow Man 10 . Grandma Got Run Over By a Reindeer 11. Have Yourself A Merry Little Christmas 12. Here Comes Santa Claus 13. Holly Jolly Christmas 14. Saw Mommy Kissing Santa Claus 15. It's the most wonderful time of the year 16. I'll Be Home For Christmas 17. Jingle Bell Rock 18. Jingle Bells 19. Jolly Old Saint Nicholas 20. Let It Snow! 21. Merry Christmas Darling 22. Must Be Santa 23. Nuttin' For Christmas 24. Christmas Tree 25. Pine Cones And Holly Berries 26. Rocking around the Christmas Tree 27. Rudolph The Red-Nosed Reindeer 28. Santa Claus Is Coming To Town 29. Silver Bells 30. Sleep Well, Little Children 31. Sleigh Ride 32. Tennessee Christmas 33. The Christmas Song 34. The Little Drummer Boy 35. The Night Before Christmas 36. The Twelve Days of Christmas 37. Up On the Housetop 38. We Wish You A Merry Christmas 39. White Christmas 40. Winter Wonderland _____________________________ 3. Stop okay if based on DMV error. State v. Pitcher 379 NJ Super. 308 (App. Div. 2005). This appeal requires the court to decide whether an officer who stops a car relying on Division of Motor Vehicle (DMV) records reporting that its owner's license is suspended must be deemed to have acted "unreasonably" and without adequate cause for intrusion on rights protected by the Fourth Amendment of the U.S. Constitution and Article I, paragraph 7 of the New Jersey Constitution if the license suspension information is later found to be inaccurate. Because this officer's reliance on the DMV database was objectively reasonable and his actions were consistent with constitutional restrictions on search and seizure, the court concludes that the "good faith" exception has no relevance to the case, and therefore affirm. 4. Retrial in absentia requires prior absentia. State v. Dwight 378 NJ Super. 289 (App. Div. 2005). Where a criminal defendant knowingly and voluntarily absented himself both from a trial that ended in a mistrial due to a hung jury and from the ensuing retrial, the mistrial did not terminate or negate the proper Hudson notice given to him in regard to the first trial, even though notice of the date of the retrial, which was given to defense counsel, could not be given to the defendant personally because of his continued voluntary absence. Under these circumstances, the defendant properly was deemed to have waived his right to be present at the retrial. 5. Judge should not limit defendant's presentation defense. State v. Wickliff 378 NJ Super. 328 (App. Div. 2005). The court reversed the criminal trespass conviction of a bail collection agent because the trail judge failed to properly explain to the jury the effect of a mistake of law on the fourth-degree crime requiring knowledge that entry is unauthorized, and because the judge erroneously limited defendant's presentation of his defense. Source: NJ Lawyer June 27, 2005 p.18 _____________________________ 6. Links to Christmas Religious songs http://catholic.net/RCC/music/midi/christmas/lyrics.html The following songs were available: Angels from the Realms of Glory Angels we have Heard on High Away in a Manger Children, Go Where I send Thee Christmas is now Drawing near at Hand Christmas in the Trenches Deck the Halls Go Tell it on the Mountain Good Christian Men, Rejoice Good King Wenceslas Hark the Herald Angels Sing Here we come a Wassailing I heard the Bells on Christmas Day It came upon a Midnight Clear Jingle Bells Joy to the World Oh Come all Ye Faithful Oh Holy Night Oh Little Town of Bethlehem Silent Night The First Noel Twelve Days of Christmas We Three Kings We Wish You a Merry Christmas What Child is This? __________________________________ 7. FREEZING COLD HASH RUN Sat. Jan. 7, 2006 10:17am 4 -6 MILE GROUP RUN START: Ken Vercammen Law Office, 2053 Woodbridge Ave., Edison, NJ [near the Nixon Post Office] The Rumson Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. This is trail running without the competition of a formal race, This is a complex and different course through woods, grass, swamp and marsh. COST: NO FEE TO RUN. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must. For information call Run "hare" Kenneth Vercammen, Esq. at 732-572-0500 days Details of 2006 run at http://www.njlaws.com/FREEZING_COLD_HASH_RUN.htm _____________________________ 8. Law Clerk Internships for College Credit At the request of several placement offices, our law office established the NJ Legal Internship Program at my private law office to provide assistance to students interested in the law. The "NJ Law Clerk Mentor/Internship Program" is now in its 14th year. Volunteer students have learned while working in a busy law office and dealing with real clients and obtain college credit. Students obtain experience in law office procedures, preparing legal correspondence, and assisting clients. Minimum Volunteer time commitment in summer- 18 hours per week. For summer program, law students, law school graduates and seniors who have GPA of 3.0 or higher, or have already graduated 4 year college. Complete details at http://www.njlaws.com/intern.htm Interested law students must mail or fax a cover letter indicating the internship they are applying for and resume. As our Pro Bono project we have established the www.njlaws.com website as a community service to provide information on Personal Injury, Criminal, Traffic/ DWI, Wills/ Probate and Business/ General Law. Students help update and provide these consumer articles to the public. As past Chair of the NJ State Bar Municipal Court/ DWI Section, a major project is to a new articles to the website and submit articles to search engines. Students will learn New Jersey Law and Procedures and things to help you with your career. LAW SCHOOLS WHICH HAVE PARTICIPATED IN OUR LAW CLERK INTERNSHIP PROGRAM Georgetown Law School Notre Dame Law School Rutgers Law School Seton Hall Law School Syracuse Law School Villanova Law School Widener Law School Yale Law School *Volunteer Internship Law Clerk Program also available for law school graduates who are seeking practical experience. COLLEGES WHICH HAVE PARTICIPATED IN OUR LAW CLERK INTERNSHIP PROGRAM Princeton University Rider University Rutgers University Seton Hall University Syracuse University College of New Jersey Fairleigh Dickinson University Kean University Monmouth University University of Massachusetts University of Pennsylvania University of Scranton Yale University and several other Universities *College Program during school year only. College program not available in summer except for students who completed three full years of school, with a Grade Point Average of 3.0 or higher, or already graduated from a four year college. __________________________________________ Thank you for reading our newsletter! God Bless America USA #1 Kenneth Vercammen, Esq. 2053 Woodbridge Ave. Edison, NJ 08817 PHONE 732-572-0500 (Fax) 732-572-0030 website: www.njlaws.com "Celebrating 20 years of providing excellent service to clients 1985-2005" This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com. Free T- shirts and car coffee holders to all current and past clients. Please come into office. Editor's Note and Disclaimer: All materials Copyright 2005. 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. If you have legal questions, you should schedule an in- office consultation.