1. Medical Examiner did not have Expertise to Testify on Movements of Car Occupants in Fatal Accident.State v. Locascio425 NJ Super. 474 (App. Div. 2012)
Defendant was convicted of vehicular manslaughter after a jury trial. The indictment stemmed from a one-car accident in which defendants boyfriend was killed after the car veered off the road and struck a tree. The pivotal issue at trial was whether, as the State contended, defendant was the driver or whether, as the defense and its expert contended, the boyfriend was the driver.
The State presented expert testimony from the county medical examiner opining that defendant was the driver. During the course of his testimony, the medical examiner rendered opinions, over defendants objection, about the probable movements of the occupants within the car as it decelerated and crashed, including an analysis of how the passengers body allegedly cushioned the drivers body during the accident.
The court reversed defendants conviction and ordered a new trial because the testimony of the medical examiner, who the State concedes is not qualified as an expert in biomechanics or accident reconstruction, prejudicially went beyond the scope of his expertise on a crucial disputed issue. The examiners testimony should have been confined to the aspects of his expertise as a pathologist concerning the nature and causes of bodily injury, and should not have delved into the biomechanical forces and movements within the automobile.
2. Court could Permit Wiretap of Calls Outside New Jersey.State v. Ates426 NJ Super. 521 (App. Div. 2012)
Defendant appealed his conviction for the murder of his ex-son-in-law, arguing the unconstitutionality of the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -34, because it permitted the interception of telephone calls between individuals located entirely outside New Jersey. The court rejected this argument, finding no infirmity so long as the listening post was located in New Jersey.
Defendant also argued that the State should have been barred from using all intercepted telephone calls because the State recorded a telephone call between defendant and his attorney. The trial judge precluded the use only of the calls intercepted after the recording of the attorney-client communication and the court concluded this was an appropriate remedy for the reasons expressed in the trial judges written opinion,State v. Ates, __ N.J. Super. __ (Law Div. 2009).
3. Next Events
10/26/12Pre- Halloween Party Bar A 6pm
10/27/12Hoboken 5k 10am Wakefern co-sponsor
10/28/12Trick or Trot 5k Long Branch party at Celtic Cottage after run, 2 for 1 drinks
10/30/12JSRC club meeting at Bar A, followed by short Freezing Cold Hash meeting 7:45
10/31/12RVRR Halloween pub-crawl New Brunswick
11/4/12RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, Bob Tonas good event
11/11/12Hashathon 6.6 Mile Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090 11am
11/17/12Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer
11/23/12Born to Run 5 mile 11am
11/25/12Navesink 15k & 5k
4. Kenneth Vercammens Christmas Party/Holiday Happy Hour
Friday, December 7, 2012
5:00PM - 7:00PM
atBar Anticipation Where Summer Never Ends
703 16th Avenue
Lake Como/ Belmar, NJ 07719
5-7PM Hot & Cold Buffet with carving station
The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Special
Email Ken Vercammens Law Office so we can put your name on the VIP list for wristbands.
Bring a canned food donation for the St. James Food Bank Hands of Hope.
More details at:
5. Register now for:
FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP RUN Sat. Jan. 5, 201310am Edison, NJ
See info at:
Register now at:
Volunteers go free. Email us;
Tired of the same old neighborhood roads, traffic, bad drivers? Join the off-road runners for a great and unusual training run. See the swamps and wooded areas saved from development. 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. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh. Wear old running shoes.
$20.00 TO RUN. FREE T-SHIRT AND OPEN BAR FROM 7:30AM - 11:30AM for Pre-registered.
$25.00 DAY OF EVENT. VOLUNTEERS RECEIVE A SHIRT AND OPEN BAR! PLEASE BRING A CAN FOOD DONATION FOR THEST. JAMES FOOD BANK. POST RUN SOCIAL HELD AT THE GREEN DERBY BAR, SITE OF THE ON-ON BREWS.FREE BEER FOR WOMEN 21-69. A fun time is guaranteed! You must be over 21 years old to participate. No times are recorded. A sense a humor is a must. Prizes and giveaways at the post race social!
6. Picking an Executor: Four Questions to Ask
When considering who should serve as the executor of your estate, you may automatically think of a certain relative or close friend. But think carefully. Make sure that you pick the most competent person possible. Being an executor can be a tough, time-consuming job.
In some families, the decision of who to pick as an executor is done based on tradition or culture. The oldest child or the oldest male is automatically made the executor. But this may not be the best choice because it can cause family resentment and the individual may not be suited to the task.
Here is an edited post from one online message board to illustrate the issue.
I come from a family of seven children. My parents have decided to name our oldest brother as the executor of their estate. We are worried about this. He gets overwhelmed easily and wont listen to anyone. He is unreliable and alcohol clouds his thinking much of the time. We have tried to talk with our parents. We think two of our other brothers would do a better job. But my parents are old school and think the man of the family should be named. This is causing a great deal of resentment and anxiety.
To help avoid issues in your situation, here are four questions to ask when considering an executor or personal representative for your estate:
1. Is the individual responsible?An executor must be able to keep good records, meet deadlines and complete many tasks. The individual has to collect and distribute assets and pay debts. The person must understand the magnitude of the duties and be willing to take them on.
Good organizational skills are important. An individual may not be a good choice if he or she is unreliable or has trouble dealing with financial affairs.
2. Is the potential executor honest, fair and impartial?Managing an estate can lead to family conflicts. Ideally, an executor should be someone that others respect and who can handle disputes. There is a great deal of discretionary power involved in being an executor. The person must be able to administer the estate based on what is fair and reasonable for all beneficiaries not just or herself. Executors are fiduciaries, who are held to high standards under the law.
3. Does the person have a general understanding of finances and accounting principles?If you have a complex estate, your executor should have some knowledge of financial and tax matters. Of course,in most cases, the executor should enlist an estate attorney or tax adviser to assist him or her. The professional can be paid with estate assets.
Another alternative is to have a family member serve as a co-executor with a professional, such as an accountant.
4. Does the individual live close by?From a practical standpoint, it would be easier for a person who lives nearby to get to court and complete other tasks than it would be for an out-of-state resident. An executor will also be in charge of cleaning up and selling the home, if there is one. It may be a hardship for an executor who lives far away to manage the estate. Make sure the person is able to take time off from work. For performing the necessary duties, an executor can receive a fee, which is a percentage of the estate assets. But the fee generally is not a substitute for an individuals job. Some states even have requirements that executors must reside in the same state as the decedents they represent. Call the county clerk of the probate court or consult with your attorney to find out what your state allows.
Bottom line:When it comes to choosing an executor, you should make the decision based on rational factors. Use your head rather than your heart. Picking the right person(s) willhelp your estate settlement to run smoothly and reduce the chance of disputes.
You should also name an alternative executor in case the original executor declines the responsibility or predeceases you. Source:http://www.bizactions.com/pop_artsam_web.cfm?type=1&id=7155
Editorial Assistance provided by Nicolette Waksmundzki. Ms. Waksmundzki is currently a senior at Rutgers University and is participating in the fall internship program.