stylistic:style_transfer
Justice Marshall's dissent

Furthermore, even if the reasoning of the majority was correct, the dual sovereignty doctrine must "not legitimate the collusion between Georgia and Alabama in this case to ensure that petitioner is executed for his crime." Specifically, in this case the defendant pleaded guilty in Georgia for the express purpose of avoiding the death penalty; then, he was put on trial in Alabama by a jury in a town where the crime was notorious, and where 75 of 82 prospective jurors were aware that Heath had already pleaded guilty in Georgia. The judge, rather than exclude the jurors who knew that the defendant had already pleaded guilty, simply asked them if they would be able to "put aside their knowledge of the prior guilty plea in order to give petitioner a fair trial in Alabama." It strains credibility that the jurors could remain impartial in spite of their knowledge of the guilty plea. Furthermore, given that the jurors had this knowledge, defense counsel "could do little but attempt to elicit information from prosecution witnesses tending to show that the crime was committed exclusively in Georgia"; any argument tending to show actual innocence would likely be disbelieved by the jury, in spite of the fact that the guilty plea in Georgia was part of a plea bargain, and some defendants, to avoid execution, may plead guilty without actually being guilty.