Opinion
[No. 72, September Term, 1977.]
Decided January 10, 1978.
APPEAL — MOOTNESS — Appeal As To Whether Trial Court Lacked Jurisdiction To Enjoin State's Attorney From Summoning A Sign Language Interpreter To Appear Before Grand Jury Moot As Interpreter Never Appeared Before Grand Jury And Deaf Mute Was Nevertheless Indicted. p. 703
Certiorari to the Court of Special Appeals. (Circuit Court for Anne Arundel County, Evans and Cicone, JJ.)
Petition by the Public Defender for Anne Arundel County, T. Joseph Touhey, to enjoin the State's Attorney for Anne Arundel County, Warren B. Duckett, Jr., from summoning a sign language interpreter before the Grand Jury. The Court of Special Appeals reversed the order of the trial court in granting the relief and certiorari was granted.
Appeal dismissed; Public Defender for Anne Arundel County to pay costs.
The cause was argued before MURPHY, C.J., and SMITH, DIGGES, LEVINE, ELDRIDGE, ORTH and COLE, JJ.
George E. Burns, Jr., Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, and T. Joseph Touhey, District Public Defender for Anne Arundel County, on the brief, for appellants.
Alexander L. Cummings, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.
We granted certiorari in this case to consider whether the Court of Special Appeals wrongly concluded in Duckett v. Touhey, 36 Md. App. 238, 373 A.2d 323 (1977) that the Circuit Court for Anne Arundel County, sitting in equity, "lacked jurisdiction to enjoin the State's Attorney of Anne Arundel County from summoning a sign language interpreter to appear before the grand jury of Anne Arundel County and testify regarding communications made by [the accused, David Barker], a deaf mute to the interpreter in the presence of the deaf mute's attorney, mother and brother."
At oral argument counsel acknowledged that the sign language interpreter never appeared before the grand jury but that it nevertheless indicted Barker. Under these circumstances the case is now moot and we dismiss it. See Bishop v. Governor, 281 Md. 521, 380 A.2d 220 (1977); State v. Sheridan, 248 Md. 320, 236 A.2d 18 (1967); Washburne v. Hoffman, etc., 242 Md. 519, 219 A.2d 826 (1966); Maryland Rule 835 a 6. See also Reyes v. Prince George's County, 281 Md. 279, 380 A.2d 12 (1977).
Appeal dismissed; Public Defender for Anne Arundel County to pay costs.