Wash. court upholds double jeopardy

FRIDAY, JANUARY 11, 2002

The Washington Supreme Court on Thursday unanimously upheld the dual conviction of a tribal hunter, saying it was not prohibited by the double jeopardy clause of the Constitution.

Anthony Moses Sr., a member of the Tulalip Tribes of Washington, was convicted in state court for various hunting infractions. He killed elk off-reservation and was sentenced to 75 days in jail and fined $11,210.

The Tulalip trial court also convicted Moses under similar charges. He was fined $2,500 and had his tribal license suspended for a year.

Moses challenged the state conviction. The Washington court disagreed and said a person can be prosecuted by different sovereigns.

Get the Case:
State of Washington V. Anthony Moses, Sr. v. State of Washington V. Brian Moses (No 70742-1 January 10, 2002)

Get the Story:
Tribal penalty doesn't pre-empt state charge, court rules (The Everett Herald 1/11)