The court concluded the trial court mistakenly exercised its discretion in denying defendant a continuance to enable him to retain counsel of his choice, after he learned on the eve of trial that the assistant deputy public defender who had been representing him was about to deployed for active military service.Although the right to counsel of choice is not absolute and may be balanced against the courts interest in managing its calendar, the trial court failed to weigh the appropriate factors governing the discretionary decision whether to grant the requested continuance.The availability of competent counsel not of defendants choice was an insufficient basis for denying the continuance.As deprivation of counsel of choice is a structural error not subject to harmless error analysis, reversal of defendants conviction and a new trial is mandated.
2. Police should not Issue Arrest Warrant on Bad Check.Greenberg v. NJ State Police Trooper Prsyszlak426 NJ Super. 591 (App. Div. 2012)
Following a dispute between plaintiff and defendant Oil Station, Inc. (OSI), which had performed an oil change on plaintiffs vehicle and allegedly damaged the vehicles battery in the process, plaintiff closed the bank account on which he had made the original payment of $129.44 and provided OSI a check for $31.02, the amount which plaintiff felt was due.OSI contacted the State Police, which conducted an investigation and ultimately concluded there was probable cause to believe plaintiff violated the bad check statute, N.J.S.A. 2C:21-5.
Plaintiff was arrested in his home and held at a state police barracks until he agreed to pay the full amount OSI claimed was due.
Plaintiff commenced this action, alleging false arrest, false imprisonment, various constitutional violations, and other common law torts.The trial judge granted summary judgment in favor of the State Police and the other State defendants, as well as OSI and its representative.The court reversed, concluding that an arrest within the home was unlawful absent an arrest warrant or exigent circumstances -- both of which were absent -- or consent, which turned on disputed questions of fact that could not be decided at the summary judgment stage.The court also held there were genuine questions of material fact regarding the State defendants claim that probable cause to arrest existed and on the defense of qualified immunity, thereby precluding summary judgment.
In addition, the court reversed the summary judgment entered in favor of OSI and its representative because that judgment was based on the trial judges dismissal of the claims against the State defendants.The court also found there was evidence to support plaintiffs theory that OSI and its representative conspired with the State defendants to falsely arrest and imprison plaintiff because, among other things, OSI had previously enlisted the aid of the State Police in the collection of OSIs unpaid bills.
3. Next events
Fri Nov 17 James Bond movie
Monday, November 19th
8:30AM Review Major Municipal Court Cases from 2012,MCBA Office, 87 Bayard St., New Brunswick, NJ,2 Credits
new 11/24/12 5k race at Roosevelt Park Edison to benefit
11/25/12Navesink 15k & 5k race with portions of proceeds to benefit victims of hurricane
_____JSRC club meeting at Bar A, followed by short Freezing Cold Hash meeting 7:45
2012 Municipal Court College
Rescheduled date Dec 4 Tuesday
Tentative 12/16/12Hashathon 6.6 MileCheesequake challenging, dangerous trails, free beer, best post race party with band,732-542-609011am
To be rescheduled: RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, Bob Tonas good event
Cancelled for 2012 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer
Cancelled for 2012 Born to Run 5 mile 11am
4. Reminder: Kenneth Vercammens Christmas Party/Holiday Happy Hour
Friday, December 7, 2012
5:00PM - 7:00PM
atBar Anticipation [not damaged by hurricane]
703 16th Avenue
Lake Como/ Belmar, NJ 07719
Free5-7PM 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, which has been providing food for victims of hurricane.
More details at:
5.Register now for:
FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP RUN Sat. Jan. 5, 201310amEdison, 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 of humor is a must. Prizes and giveaways at the post race social.