The Supreme Court announced that it has granted review in four more cases. Three of them involve grants of certification. In the fourth appeal, the Court accepted a certified question as posed by the Third Circuit Court of Appeals. read more

On this date in 1950, the Supreme Court decided Fox v. Snow, 6 N.J. 12 (1950). The case dealt with an estate issue. One party urged the Court to “explicitly and expressly overrule the long established law of this state” on the issue. By a 6-1 vote, the Court declined to do so. Such an action, the Court said, “would be fraught with great danger in this type of case where titles to property, held by bequests and devises, are involved. A change of the established law by judicial decision is retrospective. It makes the law at the time of prior decisions as it is declared in the last decision, as to all transactions that can be reached by it. On the other hand a change in the settled law by statute is prospective only.” read more

State v. N.T., ___ N.J. Super. ___ (App. Div. 2019). While at the beach with her three year-old son, N.T. became intoxicated. Having gone into the water with her son up to his knees, N.T.’s intoxication prevented her from swimming, and she had to be rescued by another person. N.T. was arrested and charged with endangering the welfare of her child, pursuant to N.J.S.A. 2C:24-4(a). She pled guilty to third degree child endangerment, was sentenced to five years probation, and was admitted into the Drug Court program. read more

Tomorrow is Thanksgiving, a holiday that (despite other differences) virtually everyone observes and can appreciate. A very Happy Thanksgiving to all the readers of this blog. For myself, as Henry David Thoreau said, “I am grateful for what I am and have. My thanksgiving is perpetual.” read more

In the Matter of Clifton Gauthier, Rockaway Tp., ___ N.J. Super. ___ (App. Div. 2019). Clifton Gauthier, a Rockaway Township police officer, was suspended in January 2014, and later indicted, for allegedly “interfer[ing] with the prosecution of a family member, who was being prosecuted for driving while intoxicated.” He was diverted to the Pretrial Intervention Program (“PTI”), which he successfully completed in January 2017. He was reinstated in March 2017. read more

State v. Pimentel, ___ N.J. Super. ___ (App. Div. 2019). N.J.S.A. 2C:40-26 prohibits driving with a license suspended due to a second or subsequent conviction for driving while intoxicated. The statute imposes a mandatory minimum term of imprisonment of 180 days. Defendant in this appeal attacked the statute as imposing an unconstitutional cruel and unusual punishment, and as violating his rights to due process and equal protection. Writing for the Appellate Division, and applying the de novo standard of review to the legal issues raised, Judge Sabatino rejected those arguments and affirmed defendant’s conviction. read more

The Supreme Court announced late on Friday that it has granted certification in State v. Maisonet. The question presented on this appeal, as phrased by the Supreme Court Clerk’s office, is “Was defendant denied his constitutional right to counsel of his choice?” In reviewing defendant’s convictions for first degree murder, fourth degree aggravated assault, and various weapons offenses, a two-judge panel of the Appellate Division, in an unpublished opinion, found no such error. read more

On this date in 1962, the Supreme Court decided Sarner v. Sarner, 38 N.J. 463 (1962). The Court’s unanimous decision there, along with Sunset Beach Amusement Corp. v. Belk, 33 N.J. 162 (1960), on which Sarner relied extensively, is a foundation stone of the “fund in court” doctrine. That doctrine is currently embodied in Rule 4:42-9(a)(2), but was also contained in the predecessor rule that governed in Sarner. read more