Legal Opinion
State v. Brashear
New Mexico Court of Appeals
Decided March 6, 1979No. 3663PublishedCited by 10 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Defendant was convicted of one count of possession of marijuana and two counts of distribution of marijuana. Defendant’s testimony supports the evidence of State witnesses that he possessed marijuana and also distributed marijuana to adults. His claim is that these activities were in the exercise of religion and, thus, his conviction violated constitutional provisions. See Annot., 35 A.L.R.3d 939 (1971). We disagree, discussing: (1) the constitutional right; (2) religious conduct; (3) burden on religious conduct; (4) the balancing process; and (5) sincerity of belief.
T…
2Cases cited25 opinions
- United States v. O'BrienSupreme Court of the United States · 1968
- Wisconsin v. YoderSupreme Court of the United States · 1972
- Sherbert v. VernerSupreme Court of the United States · 1963
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Leary v. United StatesSupreme Court of the United States · 1969
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3Cited by10 opinions
- Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
- Begay v. StateNew Mexico Court of Appeals · 1985
- State v. PeckCourt of Appeals of Wisconsin · 1988
- State v. AUGUSTIN M.New Mexico Court of Appeals · 2003
- State v. RocheleauSupreme Court of Vermont · 1982
5 more not listed; retrieve them via the Exa API.