Broadway v. State, 32 A.3d 1076

Broadway was arrested March 14-17, 2011 under a February 23, 2011 body attachment order as a material witness in murder cases; she had not been properly served with a subpoena for trial.
The application for the body attachment was not verified and lacked the witness's address and a summary of the information the State claimed she had knowledge of.
The court failed to fix a bond, and Broadway was detained for three days without an opportunity to post bond.
At the April 6, 2011 proceeding, the circuit court did not dismiss the attachment despite a habeas petition; Broadway was released on own recognizance but placed under pretrial supervision.
Broadway appealed the April 6 order arguing the body attachment was illegally issued and she lacked counsel at the detention hearing; the trial court vacated the pretrial supervision order and remanded for dismissal of the body attachment; the State moved to dismiss the appeal as moot or untimely.
The Maryland Court of Special Appeals ultimately vacated the April 6 order, ordered the body attachment dismissed, and remanded with costs to the City; it held the right-to-counsel issue moot and not preserved for review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the body attachment was properly issued and Broadway detained under Rule 4-267.	Broadway (Broadway) asserts the attachment lacked verification, address, and sufficient showing of impracticability to compel attendance.	State contends the court found prerequisites satisfied based on Broadway's status as a material witness and her prior evasion of attempts to secure attendance.	The attachment was improperly issued; the court erred in detaining Broadway without proper verified application and service.
Whether Broadway had a right to counsel at the detention hearing.	Broadway contends she was entitled to counsel under the Maryland Public Defender Act and constitutional rights.	The issue was not preserved below; even if assumed, it is moot because Broadway was released and the remedy cannot be provided.	Issue deemed moot and not decided on appeal; Rule 8-131(a) prevents review in this context.
Is the April 6, 2011 order appealable as a final judgment for purposes of review?	Broadway argues the order terminating pretrial supervision is final and appealable.	State argues the order is not appealable as a matter of law or final judgment.	The April 6, 2011 order is appealable; the order terminated Broadway's rights in the matter as to the pretrial supervision.

St. Joseph's v. Cardiac Surgery, Inc., 392 Md. 75 (2006) (non-parties to underlying action may appeal final discovery orders as to them)
Mercy Hospital v. Jackson, 306 Md. 556 (1986) (mootness analysis for constitutional claims in appellate review)
Department of Social Services v. Stein, 328 Md. 1 (1992) (finality concepts and collateral-order-like reasoning in appeals for non-parties)
Fuller v. State, 397 Md. 372 (2007) (right to appealability not conferred by statute in certain rehabilitation or treatment orders)
Harris v. State, 420 Md. 300 (2011) (final judgment requirement and appealability under CJP 12-301)