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SIMPSON v. MILLER

Nos. 1 CA-SA 15-0292, 1 CA-SA 15-0295 (Consolidated).

377 P.3d 1003 (2016)

Jason Donald SIMPSON, a.k.a. Jason Donald Simpson, Sr., Petitioner, v. The Honorable Phemonia MILLER, Commissioner of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Commissioner, State of Arizona, Real Party in Interest. Joe Paul Martinez, Petitioner, v. The Honorable Roland J. Steinle, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

Filed June 14, 2016.

Attorney(s) appearing for the Case

Gallagher & Kennedy, P.A., Phoenix, By Woodrow C. Thompson, Hannah H. Porter, Co-counsel for Petitioner Jason Donald Simpson.

Quarles & Brady LLP, Phoenix, By Hector J. Diaz, James L. Burke, Co-counsel for Petitioner Jason Donald Simpson.

Perkins Coie LLP, Phoenix, By Jean-Jacques Cabou, Sarah R. Gonski, Co-counsel for Petitioner Joe Paul Martinez.

Law Offices of Brian F. Russo, Phoenix, By Brian F. Russo, Co-counsel for Petitioner Joe Paul Martinez.

Maricopa County Attorney's Office, Phoenix, By David R. Cole, Arthur Hazelton, Susan L. Luder, Counsel for Real Party in Interest.

Judge Peter B. Swann delivered the opinion of the court, in which Presiding Judge Kenton D. Jones joined. Judge Andrew W. Gould dissented.

OPINION

¶ 1 These special actions require us to determine the constitutional minimum requirements for bail hearings when a statute makes certain serious offenses nonbailable. The petitioners were each charged with sexual conduct with a minor under the age of 15 and were denied bail under A.R.S. § 13-3961(A)(3)....

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