Ex Parte Hall

On Application for Rehearing

The opinion of June 14, 2002, is withdrawn, and the following is substituted therefor.

Tarus Hall filed this petition for a writ of mandamus or, in the alternative, a writ of habeas corpus after the Montgomery Circuit Court, without a hearing, denied his request to be released on bail. We grant the petition in part and deny it in part.

I

On September 5, 2001, Tarus Hall was arrested pursuant to a warrant charging him with murder, an offense made capital because the murder was committed during a robbery in the first degree. See §13A-5-40(a)(2), Ala. Code 1975. After…