In re Grand Jury Investigation

The petitioner appeals from a judgment of a single justice of this court denying his petition for relief pursuant to G. L. c. 211, § 3. The Commonwealth has moved to dismiss the appeal as moot. We allow the Commonwealth’s motion.

The petitioner was charged in the District Court with various felonies. In connection with a subsequent grand jury investigation, the prosecutor sought approval from a judge in the Superior Court to subpoena an investigator hired by the petitioner’s counsel. See Mass. R. Prof. C. 3.8 (f), 426 Mass. 1397 (1998). See also Matter of a Grand Jury Investigation, 407 Mass.…