2. Defendant Entitled to Hearing for Post-Conviction Relief.
3. Domestic Violence Requires a Dating Relationship.
4. New YouTube Videos for this Week.
5. Reminder: You are Invited to Kenneth Vercammens Annual Summer Blast Happy Hour.
1. New FREE Mobile App - Criminal & State StatutesAvailable now for Smartphones. App will be ready for iPhones and other Apple products in August! This is a good App for Attorneys, Police, Court Staff, Criminal Justice Workers, Etc...
This App contains a detailed list of New Jersey Criminal and Traffic statutes as well as informative articles by the past Municipal Court Attorney of the Year in New Jersey, Kenneth Vercammen, Esq.
Since 1985, KENNETH VERCAMMEN has practiced law in New Jersey and has an extensive resume of legal accomplishments.
Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications include New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.
2. Defendant Entitled to Hearing for Post-Conviction Relief.State v. Santos210 NJ 129 (2012)
The grant of an evidentiary hearing in which defendant was to be permitted to provide telephonic testimony must be reversed and the matter remanded for full reconsideration by the post-conviction relief (PCR) court as to whether defendant can meet the standard for entitlement to an evidentiary hearing underState v. Gaitan, 209 N.J. 339 (2012).
3. Domestic Violence Requires a Dating Relationship, Not Just Dancing.S.K. v. J.H.___ NJ Super. ___ (App. Div. 2012) A-1358-11T2. 6-6-12
Plaintiff brought this suit pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C: 25-17 to -35, as a result of being atrociously assaulted by defendant, who, along with plaintiff, was on a trip to Israel with approximately 40 others. In seeking to prove the existence of a dating relationship, plaintiff was able to show only that, on the evening of the assault, she and defendant sat together, danced together, and were together for a few hours at the bar. The trial court found a dating relationship and entered a final restraining order. In considering defendants appeal, the court deferred to the trial judges finding that the parties interactions constituted a date but rejected the argument that this one date constituted the dating relationship required by the act. Although the Legislature did not expressly define what it meant by a dating relationship, the court found from the majority of those other states that have defined the term that a dating relationship is a romantic social relationship, which is further defined by its frequency and duration but which excludes casual or ordinary fraternization between two individuals in a business or social context. As a result of this generally accepted meaning of dating relationship, the court held that a single date was insufficient and reversed.
This blog is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel.