United States Ninth Circuit

The district court's summary judgment and partial dismissal of a class action challenging Proposition 100, a ballot measure passed by Arizona voters that amended the state constitution to preclude bail for certain serious felony offenses if the person charged has entered or remained in the United States illegally and if the proof is evident or the presumption great as to the charge, is affirmed, where: 1) the Arizona Legislature and Arizona voters passed Proposition 100 and its implementing statute and rules to further the state's legitimate and compelling interest in seeing that those accused of serious state-law crimes are brought to trial; and 2) plaintiffs had not succeeded in raising triable issues of fact as to whether Proposition 100 and its implementing procedures violate the substantive and procedural due process guarantees of the United States Constitution's Fourteenth Amendment, the Excessive Bail Clause of the Eighth Amendment, and the Sixth Amendment right to counsel, nor whether the Proposition 100 laws are preempted by federal immigration law.

Appellate Information

• Decided 06/18/2013
• Published 06/18/2013

Judges

• TALLMAN

Court

• United States Ninth Circuit

Counsel