Legal Opinion

State v. Mooney

Utah Supreme Court

Decided June 22, 2004No. 20010787PublishedCited by 19 opinions

1Opinion of the Court

PARRISH, Justice:

{1 James and Linda Mooney, along with their church, the Oklevueha Earthwalks Native American Church (collectively, the "Moo-neys"), have been charged by the State with multiple felony counts of "engagling] in a continuing criminal enterprise" and of engaging in a "pattern of unlawful activity" by possessing and distributing peyote, a controlled substance, to members and visitors in their religious services. The State also seeks forfeiture of the church's property in connection with this alleged criminal activity. The Mooneys moved to dismiss the charges, arguing that a…

2Cases cited18 opinions

  1. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  2. United States v. LanierSupreme Court of the United States · 1997
  3. Morton v. MancariSupreme Court of the United States · 1974
  4. Adarand Constructors, Inc. v. PenaSupreme Court of the United States · 1995
  5. Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991

13 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. State v. RasaboutUtah Supreme Court · 2015
  2. J.J. v. StateCourt of Appeals of Utah · 2011
  3. State v. MorenoUtah Supreme Court · 2009
  4. BMS Ltd. 1999, Inc. v. Department of Workforce ServicesCourt of Appeals of Utah · 2014
  5. Utah Chapter of the Sierra Club v. Board of Oil, Gas, & MiningUtah Supreme Court · 2012

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API