Sullivan v. State

The majority opinion is wrong. I therefore dissent.

Before 1968, the State of Georgia, under the dual sovereignty doctrine, could prosecute a defendant even though the federal government had already prosecuted him for what is considered the “same offense” for double jeopardy purposes. In 1968, however, the General Assembly enacted OCGA§ 16-1-8 (c), intending to foreclose the State’s ability to try a defendant after his acquittal or conviction of the “same offense” in federal court.12 This statute, properly applied, should bar Sullivan’s prosecution for malice murder in Georgia. In its zeal to…