Ex parte State of Alabama.

All accused are entitled to preconviction bail “except for capital offenses, when the proof is evident or the presumption great.” Art. I, § 16, Ala. Const.1901. Because “the gravity of the offense is the distinguishing feature and not the penalty which may be imposed,” this Court has held that bail may be constitutionally denied in a capital case even though the death penalty is not available. Ex parte Bynum, 294 Ala. 78, 81, 312 So.2d 52, 54 (1975). Thus, under Ex parte Bynum, the trial court may deny Joel Patrick Moyers bail if the constitutional conditions are satisfied.

However, in Ex…