State of Arizona, Petitioner v. the Honorable Kevin B. Wein

Summary

The court held that Arizona's categorical denial of bail for persons charged with sexual assault, when the proof is evident or the presumption great, facially violates substantive due process. Although preventing flight and protecting the public are legitimate and compelling purposes, the categorical restriction is not narrowly focused because a sexual-assault charge alone does not establish an unmanageable risk of future dangerousness and the law lacks an individualized risk assessment. The court affirmed the superior court's bail order and vacated the court of appeals' contrary decision.