James Felix Morreno, Petitioner v. the Honorable Nicole Brickner

Summary

The Arizona Supreme Court held that the Arizona Constitution's On-Release provision, which denies bail to a person charged with a felony allegedly committed while released on another felony charge when the proof is evident or presumption great, is facially consistent with substantive due process. The provision is regulatory, serves the compelling interest of preventing recidivist criminal conduct, and is narrowly focused because it applies only to on-release felony charges supported by a heightened evidentiary showing. The court reached the facial issue despite the petitioner's guilty pleas because his as-applied challenge was moot but the facial issue was recurring and statewide in importance.