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CHANTRY v. ASTROWSKY

No. 1 CA-SA 17-0081.

395 P.3d 1114 (2017)

Thomas Jonathan CHANTRY, Petitioner, v. The Honorable Bradley H. ASTROWSKY, Visiting Judge of the Superior Court of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, ex rel., Sheila Sullivan Polk, Yavapai County Attorney, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

FILED April 27, 2017.

Attorney(s) appearing for the Case

Law Office of John M. Sears PC, Prescott, By John M. Sears , Counsel for Petitioner.

Yavapai County Attorney's Office, Prescott, By Susan L. Eazer , Counsel for Real Party in Interest.

Presiding Judge Peter B. Swann delivered the opinion of the court, in which Judge Kent E. Cattani and Judge Donn Kessler joined.

OPINION

¶ 1 This special action requires us to decide the constitutionality of A.R.S. § 13-3961(A)(4) and the corresponding portion of Ariz. Const. art. II, § 22(A), which provide that a person in custody must be denied bail if he or she is charged with molestation of a child under the age of fifteen and the...

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