James Morreno v. Hon. brickner/state/montgomery

VICE CHIEF JUSTICE PELANDER, opinion of the Court:

¶ 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 charge." We hold that, on its face, the On-Release provision satisfies heightened scrutiny under the Fourteenth Amendment's Due Process Clause.

I

¶ 2 James Morreno was indicted for possession of marijuana and possession of drug paraphernalia, both felonies,…