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...

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fourth degree aggravated assault, and various weapons offenses, a two-judge panel of the Appellate Division, in an unpublished opinion, found no such...

Jardim v. Overley, ___ N.J. Super. ___ (App. Div. 2019). This opinion yesterday, by Judge Sabatino, applied a venerable doctrine in a new context. As Judge Sabatino put it, the issue was “the application of traditional constitutional principles of personal jurisdiction and due process in the context of a retail sale contract made over the Internet.” Defendant, a California citizen, had advertised, on a website that features thousands of ads offering cars for sale, a vintage automobile for sale “to whomever was willing to purchase it, wherever they may be.” His ad...