Jason Donald Simpson, A.k.a. Jason Donald Simpson, Sr. v. Honorable Phemonia Miller, Judge Pro Tempore of The…

Summary

The court held that Arizona’s categorical denial of bail to anyone charged with sexual conduct with a minor under fifteen violates substantive due process because the offense does not inherently establish future dangerousness and the law lacks an individualized dangerousness determination. The court concluded that the State may instead seek detention under a procedure requiring clear and convincing proof of dangerousness and the inadequacy of release conditions. The court reversed the trial court, vacated the court of appeals’ opinion, and remanded for further proceedings.