Dean Tran v. Commonwealth

Summary

The court held that a petition under G. L. c. 211, § 3, is the proper mechanism for interlocutory review of the denial of a motion to dismiss based on legislative immunity from criminal prosecution. It rejected the defendant's claims that legislative immunity or separation of powers principles barred prosecution for using Senate staff and public resources in reelection campaigns. Although the prosecutor improperly excluded a grand juror without judicial involvement, dismissal was unwarranted because the defendant showed no prejudice and the remaining grand jury satisfied the voting requirements.