Ex parte Hall
Citation | 844 So.2d 571 |
Parties | Ex parte Tarus HALL. (In re State of Alabama v. Tarus Hall). |
Decision Date | 06 September 2002 |
Court | Alabama Supreme Court |
Barry E. Teague, Montgomery, for petitioner. William H. Pryor, Jr., atty. gen., and Melissa K. Atwood, asst. atty. gen., for respondent.
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The opinion of June 14, 2002, is withdrawn, and the following is substituted therefor.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.
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 his arrest, Hall was placed in the Montgomery County detention facility.
On October 5, 2001, Hall filed a motion to be released on bail; in his motion he requested a hearing. The State filed no response to the motion. On October 18, 2001, without a hearing, the trial court denied the motion.
Hall filed a petition for a writ of habeas corpus in the Court of Criminal Appeals. In response to that petition, the State submitted voluminous evidentiary materials, none of which had been submitted to the trial court. The Court of Criminal Appeals denied Hall's petition, without an opinion, on December 7, 2001. Ex parte Hall (No. CR-01-0278), ___ So.2d ____ (Ala.Crim.App.2001)(table). Hall then filed his petition in this Court.
While this petition for writ of mandamus was under submission to this Court, a Montgomery County grand jury returned an eight-count indictment against Hall, including one count charging Hall with capital murder. Hall remains in the Montgomery County detention facility, and no bail hearing has been held.
The State has responded to Hall's petition, admitting that "the [trial] court denied bail apparently without conducting a hearing." However, relying upon the evidentiary materials first submitted to the Court of Criminal Appeals, the State argues that Hall is not entitled to bail, because "the proof is evident" that Hall is guilty of capital murder.
In his petition, Hall has requested that this Court determine a reasonable bail for him or, in the alternative, that this Court direct the trial court to schedule a "hearing and thereafter set bail for [him] forthwith." In response, the State argues that "if this Court determines that [Hall] might be entitled to bail ... this Court [should] direct the [trial] court to conduct a bail hearing where the facts can be further developed, a bail amount can be set, and restrictions on bail can be imposed."
Hall contends that he is entitled to reasonable bail because, he says, the evidence against him is weak. The issue raised by such a contention was discussed thoroughly by the Court of Criminal Appeals in Ex parte Landers, 690 So.2d 537, 538 (Ala.Crim.App.1997):
It is well established that a person accused by indictment of a capital offense must overcome the presumption of his guilt by proof, in order to be entitled to bail. By denying, without a hearing, Hall's motion to be released on bail, the trial court denied him the opportunity to offer the proof necessary to overcome that presumption. See State ex rel. Smith v. Lowe, 204 Ala. 288, 289, 85 So. 707, 708 (1920)(when "the prisoner is indicted for a capital felony, ... the right to bail ... is to be determined on habeas corpus, on the hearing of which the state and the accused are entitled as of right to have the witnesses heard").
Although the trial court did not conduct a hearing, the State has attempted to cure that procedural deficiency by submitting evidentiary materials, first to the Court of Criminal Appeals and then to this Court. However, a proper record must be developed in the trial court, before such evidence can be considered by an appellate court. See Holman v. Williams, 256 Ala. 157, 53 So.2d 751 (1951). See also § 15-13-3(a), Ala.Code 1975 () (emphasis added).
For the foregoing reasons, Hall is entitled to a hearing on his...
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