MANN v. STATE'S ATTY. FOR MONTGOMERY CTY.

No. 52, September Term, 1983.

298 Md. 160 (1983)

468 A.2d 124

EDWARD THOMAS MANN v. STATE'S ATTORNEY FOR MONTGOMERY COUNTY, GARY REALS AND THE EVENING NEWS ASSOCIATION.

Court of Appeals of Maryland.

December 15, 1983.


Attorney(s) appearing for the Case

George E. Burns, Jr., Asst. Public Defender (Alan H. Murrell, Public Defender, George M. Lipman and Carol G. Freeman, Asst. Public Defenders, Baltimore, on brief), for appellant.

Deborah K. Chasanow, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., on brief), Baltimore, for appellee, State's Atty. for Montgomery County and by George R. Clark, Washington, D.C. (William S. Green and Pierson, Ball & Dowd, Washington, D.C., and David Macdonald, Rockville, on the brief) for appellees, Gary Reals and The Evening News Ass'n.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.


COUCH, Judge.

The issue involved in this case is whether the Circuit Court for Montgomery County erred in ordering that the defendant in a capital murder case, who had been judicially determined to be incompetent to stand trial because of mental illness and ordered committed pursuant to Maryland Code (1982), Health-General Article, § 12-104(b), could nevertheless be interviewed, with his permission, by the media and the prosecution. Under the circumstances present...

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