structural:reformatting, information:classification
Justice Marshall's dissent

Finally, Justice Marshall points out that "Even where the power of two sovereigns to pursue separate prosecutions for the same crime has been undisputed, this Court has barred both governments from combining to do what each could not constitutionally do on its own." In this case, the prosecutions in Alabama and Georgia were so inextricably linked that it was as if they were acting together as a single governmental entity. Furthermore, the interests of justice, according to Marshall, were frustrated by having the defendant plead guilty to a crime in Georgia to avoid the death penalty, only to have the guilty plea prevent him from mounting a meaningful defense to capital charges in Alabama. For these reasons, in the interests "of fundamental fairness," Justice Marshall voted against the majority decision.