E281 August 26, 2008

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NJ Laws Email E281 August 26, 2008 Kenneth Vercammen, Attorney at Law 732-572-0500

In this issue: 1 Recent cases: Statement by eye witness not admissible as emergency investigation 2. Statement to DYFS worker under emergency is admissible. 3. A Taste of Sea Bright" Saturday, Sept. 27 4. HANDLING DRUG, DWI & MOTOR VEHICLE VIOLATIONS IN MUNICIPAL COURT September 15, 2008 5:30 PM to 9:30 PM 5. Marketing Survey for American Bar Association 6. Upcoming charity running races: 7. Estate Planning 1 Recent cases: Statement by eye witness not admissible as emergency investigation. State in the Interest of J.A. ___ NJ ___ (Decided 6-23-08) A-207 The hearsay statements were a narrative of past events and made while neither the declarant nor victim was in imminent danger. The statements were testimonial and, because the declarant was not produced as a witness or subject to cross-examination, the admissions of the statements violated J.A.’s Sixth Amendment right to confront the witnesses against him. 2. Statement to DYFS worker under emergency is admissible. State v. Buda ___ NJ ___ (Decided 6-23-08) A-4/5-07 The trial court did not abuse its discretion in determining that the child’s


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