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STATE v. HOPSON

No. 55885-0.

113 Wn.2d 273 (1989)

778 P.2d 1014

THE STATE OF WASHINGTON, Respondent, v. ERVIN O'DELL HOPSON, Appellant.

The Supreme Court of Washington, En Banc.

September 14, 1989.

Attorney(s) appearing for the Case

Jesse Wm. Barton of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Robert S. Lasnik, Chief of Staff, for respondent.

UTTER, J.

Ervin O'Dell Hopson challenges the trial court's denial of his motion to prohibit retrial on the grounds of double jeopardy. He urges the court to interpret Washington's double jeopardy clause, Const. art. 1, § 9, to provide greater protection for defendants than its federal counterpart. The Oregon Supreme Court has enunciated a broader rule based on the provision in the Oregon State Constitution. Because the Washington provision is patterned after...

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