STATE v. WEIN

No. CR-17-0221-PR.

417 P.3d 787 (2018)

STATE of Arizona, Petitioner, v. The Honorable Kevin B. WEIN, Commissioner of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Commissioner, Guy James Goodman, Real Party in Interest.

Supreme Court of Arizona.

Filed May 25, 2018.


Attorney(s) appearing for the Case

William G. Montgomery , Maricopa County Attorney, Lisa Marie Martin (argued), Deputy County Attorney, Phoenix, Attorneys for State of Arizona.

James J. Haas , Maricopa County Public Defender, Nicholaus Podsiadlik (argued), Jamie Allen Jackson , Deputy Public Defenders, Phoenix, Attorneys for Guy James Goodman.

Mark Brnovich , Arizona Attorney General, Dominic E. Draye , Solicitor General, Rusty D. Crandell (argued), Assistant Solicitor General, Phoenix, Attorneys for Amicus Curiae Arizona Attorney General.

David J. Euchner (argued), Tucson, Deputy Public Defender, Attorney for Amici Curiae Arizona Attorneys for Criminal Justice and Pima County Public Defender.

Jared G. Keenan , Kathleen E. Brody , Phoenix, Attorneys for Amicus Curiae American Civil Liberties Union Foundation of Arizona; Andrea Woods , American Civil Liberties Union Foundation Criminal Law Reform Project, New York, NY, Attorneys for the American Civil Liberties Union and the American Civil Liberties Union of Arizona.

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


¶ 1 Persons charged with sexual assault must not be released on bail if they pose a danger of committing new sexual assaults or other dangerous crimes while awaiting trial. The question here is how this may be accomplished in a manner that furthers this public-safety goal while preserving an accused's constitutionally...

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