PHOENIX (AP) - A sharply divided Arizona Supreme Court has overturned a 2002 voter-approved state constitutional amendment to categorically deny bail to defendants charged with sexual assault if there's clear proof and a very strong presumption of guilt.
The court's 4-3 decision Friday follows a 2017 decision by the justices that it's unconstitutional to hold someone charged with sexual conduct with a minor under 15 without a hearing.
In the latest ruling, the majority's opinion says it violates the U.S. Constitution's due-process protections to deny bail in sexual-assault cases without conducting a hearing on the dangerousness of defendants if released pending trial.
The man charged in the case has already pleaded guilty and been sentenced, but the Supreme Court said it ruled on the no-bail provision's constitutionality anyway because it's of statewide importance.
