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Huff v. State12/20/1991
ill not be permitted to continue. Rather, the thrust of Green is that the State's power should be curtailed so as to insulate one faced with prosecution, for whatever charge, from being placed in the situation of the defendant in Green. Furthermore, where the majority gets the notion that it is the nature of the prosecution, rather than the fact of prosecution, that triggers the need for double jeopardy protection is beyond me. And, because it is the fact of prosecution that triggers the double jeopardy protection, it follows inexorably that an opportunity to avoid that prosecution before a trial is held is minimally required. Should, however, the attempt to avoid a second trial be unsuccessful and the defendant does not otherwise elect, I would require that trial to be held in the forum in which the prosecution arose.
I reiterate, I dissent.
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