NJ Laws Email Newsletter E299 March 18

NJ Laws Email Newsletter E299 March 18, 2009 Kenneth Vercammen, Attorney at Law

1. WILLS, PROBATE AND ELDER LAW- Adult and Community Education WHEN: Monday, March 30, 2009 7 – 8:30P.M. East Brunswick Adult & Community Education Program East Brunswick HIGH SCHOOL, Cranbury Rd WILLS, PROBATE AND ELDER LAW Course # SBC ..............................................................Fee: $29 Mon. 7:00–8:30 pm The regular course fee is $29.00, but subscribers to our newsletter and clients can attend for free if they send us an email by March 26.

You don’t have to be wealthy or near death to do some thinking about a will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of the state law. Topics covered by author of “Answer to Questions about Probate” will include: wills, revocable trusts, irrevocable trusts, power of attorney, living will, state administration, inheritance taxes, plus the opportunity to ask questions.

Instructor: Kenneth Vercammen, Esq. of Edison (Co­Author­ NJ Elder Law & Probate) COMPLIMENTARY MATERIAL: Brochures on Wills, “Probate and Administration of an Estate”, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

You don’t have to be wealthy or near death to do some thinking about a will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of the state law. Topics covered by author of “Answer to questions about Probate” will include: Wills, revocable trusts, irrevocable trusts, power of attorney, living will, long term care insurance, reverse mortgage, plus the opportunity to ask questions.

Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law.

Other upcoming events: 3/22/09

St. Paddy’s 10 miler & 5k 9:30 Freehold Keg of beer and some food

3/28/09 Rat Race 5mile 10:00 Neptune/Wall plenty of free beer www.jsrc.org/raceapps/ratrace.htm

3/28/09 Keep Kids Alive 5k Colts Neck 11am March 30 NJ State Bar Mun Ct Section Speaker­ Hon. Spencer Robbins NJ Law Center 4/18/2009 Jersey Shore Relay For Special Olympics 5,4,3,2,1 teams 26 miles, 9am From Seaside Hts To Asbury Park 732­681­9464 free beer! If you cant run, you can volunteer or pay to go to party 2. Statute of limitations on legal malpractice due not start until defendant receives exoneration McKnight v. Office of the Public Defender 197 NJ 180 11­26­08

In a legal malpractice action brought by a criminal defendant against the attorney who represented him or her in a criminal case, the claim does not accrue and the statute of limitations does not begin to run until the criminal defendant receives relief through some form of exoneration.

3. Headlock for 30 seconds sufficient for simple assault State v. Stull 403 NJ Super. 428 (App. Div. 2008) Defendant was convicted of simple assault. He contends that the evidence did not permit the trial court to find that he caused "physical pain." N.J.S.A. 2C:11­1a; N.J.S.A. 2c:12­2a. Defendant placed and held the victim in a headlock for twenty to thirty seconds, squeezed his neck and yanked and swung him around. There was no testimony about the victim's pain and he did not sustain bruises or seek or receive treatment. The court concludes that the State met its obligation to prove guilt beyond a reasonable doubt through proof of defendant's conduct and inferences reasonable on the evidence as a whole.

4. Court Cannot Put Burden on Defendant in Traffic Case. State v. Lesmes (2008) 14-2-1504 Unpublished.

Defendant’s conviction for failure to observe a traffic signal entered in a trial de novo before the Law Division is reversed and the matter is remanded because the Law Division judge incorrectly combined the Law Division and the Appellate Division’s roles and applied the incorrect standard of review and held defendant to a burden of proof that he does not have. Source: NJ Law Journal September 1, 2008 p.46