Ex Parte Wilding

On Application for Rehearing

PARKER, Justice.

This Court’s opinion of September 25, 2009, is withdrawn, and the following is substituted therefor.

The issue before this Court is whether the Court of Criminal Appeals erred when it ordered the Montgomery Circuit Court to set aside an order setting bail for a defendant who was being held under indictment for a capital crime. The Court of Criminal Appeals issued a writ of mandamus directing the Montgomery Circuit Court to vacate its order setting bail for Albert Wilding, who is under indictment for the murder of his wife, and Wilding has petitioned…