Ex Parte Cowart

James Russell Cowart petitions for a writ of habeas corpus, requesting that we direct the Honorable Braxton L. Kittrell, Circuit Judge for the Thirteenth Judicial Circuit, to lower Cowart's $500,000 bail. Cowart was indicted for the murder of an 11-month-old child. (Although the crime charged is made capital by § 13A-5-40(a)(15), Code of Alabama 1975, Cowart was indicted for noncapital murder.) Cowart filed a motion requesting that Judge Kittrell lower his bail. After holding a hearing on the motion, Judge Kittrell denied it. This petition followed.

Article I, § 16, Alabama Constitution of…