Commonwealth v. Dalrymple

The Commonwealth filed a petition under G. L. c. 211, § 3, for review of that ruling and, in the alternative, sought to obtain immunity for Toomey and compel her testimony. A single justice in the county court affirmed the judge’s ruling as to Toomey’s claim of privilege,1 and reserved and reported the case to the full court to determine whether a justice in this court or in the Superior Court could grant Toomey immunity apart from the circumstances and procedures provided in G. L. c. 233, §§ 20C-20I. At the time of the single justice’s reservation and report, that statute did not apply to…