E312 August 12, 2009 1. Thank you attendees 50th Birthday Party 2 US Supreme Court Rules Lab Report Not Admissible in Criminal Case. MelendezDiaz v. Mass 129 S.Ct. 2527 (2009) Defendant's drug conviction is reversed, where the trial court's admission of the prosecution's certificates by laboratory analysts, stating that material seized by police and connected to Defendant was cocaine of a certain quantity, violated petitioner's Sixth Amendment right to confront the witnesses against him. 3. In DWI Alcotest, State Must Prove Defendant was Observed for 20 Minutes Prior to Test. State v. Filson ___ NJ Super. ___ (Law Div. 2009) In a DWI municipal appeal, the court held that before Alcotest results may be admitted into evidence, the state must prove, by clear and convincing evidence, that the defendant was observed for 20 minutes before taking the test. Eyetoeye monitoring is not necessarily required, if the defendant is observed by sound and smell. Yet, if the observer leaves the room during the 20 minutes, observation must begin anew. What suffices as observation must be determined in view of the observation requirement’s purpose to assure that the suspect has not ingested or regurgitated substances that would confound the test results. Source: New Jersey Law Journal July 27, 2009 4. Miranda Violation cannot be Asserted by Codefendant. State v. Baum 199 NJ 407 (2009) Defendant Jermel Moore’s motion to suppress evidence found during a warrantless search of the vehicle in which he was riding should have been denied because he did not have standing to argue that the driver’s right against self incrimination was violated and because the search was not unreasonable.
5. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen Three races in one morning: 8/15 Long Branch Sprint Triathlon SeriesAug 16 400 mtr swim, 9.5 mile bike, 3 mile run 6:45am or 800 mtr swim, 18 mile bike, 5 mile run, 6:30am Time Trial Start Long Branch NJ
Sandy Hooker Event 8/15/09 Bradley Beach 5k 8/15 Rumson Hash Monmouth Park Trail run 10:17am also 8/16 Born to Tri Asbury Park Swim 1/3 mile, Bike 13.5 miles, Run 3.5 miles Jersey Shore Tri Club If you are attending any of these races, please call or email Ken V. Often we car pool or met at these events. If you can run, you can volunteer, or walk the course.