State v. Alexander

I dissent from the majority opinion because I conclude that where dual sovereigns, the states of Washington and Oregon, have concurrent jurisdiction each may exercise its own sovereignty in the prosecution of crimes without violating the constitutional prohibition against double jeopardy.

The majority opinion states "we need not decide [the question of dual sovereignty] if we can resolve the problem short of the constitutional issue.” (44 Ór App at 563.) The decision then resolves the problem by denying Oregon the right to exercise its sovereignty in the prosecution of acts in violation of its…