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MORRENO v. BRICKNER

No. CV-17-0193-SA.

416 P.3d 807 (2018)

James Felix MORRENO, Petitioner, v. The Honorable Nicole BRICKNER, Commissioner of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Commissioner, State of Arizona ex rel. William G. Montgomery, Maricopa County Attorney, Real Party in Interest.

Supreme Court of Arizona.

Filed May 2, 2018.

Attorney(s) appearing for the Case

James J. Haas , Maricopa County Public Defender, Brian Thredgold (argued), Timothy Sparling , Rachel A. Golubovich , Deputy Public Defenders, Phoenix, Attorneys for James Felix Morreno.

William G. Montgomery , Maricopa County Attorney, Amanda M. Parker (argued), Deputy County Attorney, Phoenix, Attorneys for State of Arizona.

Mark Brnovich , Arizona Attorney General, Dominic E. Draye , Solicitor General, Rusty D. Crandell , Assistant Solicitor General, Phoenix, Attorneys for Arizona Attorney General.

VICE CHIEF JUSTICE PELANDER authored the opinion of the Court, in which CHIEF JUSTICE BALES, and JUSTICES BRUTINEL, TIMMER, and BOLICK joined. JUSTICE GOULD, joined by JUSTICE LOPEZ, dissented in part and concurred in the result.

¶ 1 Article 2, section 22(A)(2), of the Arizona Constitution ("the On-Release provision") precludes bail "[f]or felony offenses committed when the person charged is already admitted to bail on a separate felony charge and where the proof is evident or the presumption great as to the present...

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