Brief filed: 10/20/2016
Simpson v. Arizona & Martinez v. Arizona
Arizona Supreme Court; Case No. CR-16-0227-PR
Decision below in Arizona Court of Appeals, Div. 1, No. 1 CA-SA 15-0292 (consolidated with No. 1 CA-SA 15-0295).
Categorical denials of the right to bail run afoul of due process. Courts have emphasized that pretrial liberty is the norm since U.S. v. Salerno. Hearings to determine whether "the proof is evident or the presumption is great" do not satisfy due process requirements as they violate the presumption of innocence. Arizona's categorical bail denial law is an outlier despite the well-established tradition nationwide of release in noncapital cases. Pretrial detention causes widespread, irreparable, and unnecessary harm.
Pre-Trial Suppression & Fourth Amendment Issues
This Trial Guide is a topical and practical handbook examining the nuts and bolts of the most current Fourth Amendment & Pre-Trial Suppression issues encountered in modern criminal cases.
Defense Counsel Playbook for Eyewitness ID Cases
This Trial Guide was written to help counsel use existing case law to its strongest advantage, and to create a framework for appellate challenges urging courts to adopt leading cases.
Ultimate Cross 2.0
This special CLE compilation program includes the highest-rated presentations on Cross-Examination techniques from NACDL's most recent seminars (2017-2019).
Forensic Sciences in Criminal Cases: A Multidiscipline Primer
In order to challenge forensic evidence, experts, reports and findings commonly encountered in the courtroom, an attorney must first have a basic understanding of the forensic issues that they will be confronting.
This is a sponsored ad
Manage Your Law Firm All in One Place
Kathleen E. Brody, ACLU Foundation of Arizona, Phoenix, AZ; Andrea Woods and Ezekiel Edwards, ACLU Foundation Criminal Law Reform Project, New York, NY; Anne Chapman, Mitchell Stein Carey PC, Phoenix, AZ.