Chantry v. Astrowsky

OPINION

SWANN, Judge:

¶ 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 proof is evident or the presumption great that he or she is guilty.

¶ 2 The petitioner, Thomas Jonathan Chantry, is being held without bail under § 18-3961(A)(4). He seeks special-action relief from the superior court’s refusal to consider his entitlement to bail under the…