Legal Opinion

State v. Blake

Hawaii Intermediate Court of Appeals

Decided January 31, 1985No. 9424; REPORT NOS. B-89323 & B-92053PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

BY TANAKA, J.

In appealing his conviction on two charges of knowingly possessing marijuana in violation of Hawaii Revised Statutes (HRS) § 712-1249 (1976), 1 defendant Chuck Andrew Blake (Defendant) raises a constitutional issue. He contends that the application of HRS § 712-1249 results in an unconstitutional deprivation of his right to the free exercise of a religion 2 known as Hindu Tantrism. We disagree and affirm.

The following facts are not in dispute. On April 15, 1983, a police officer observed six persons, including Defendant, sitting at the extreme end of Lincoln…

2Cases cited18 opinions

  1. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  2. Wisconsin v. YoderSupreme Court of the United States · 1972
  3. People v. WoodyCalifornia Supreme Court · 1964
  4. United States v. Clifton Ray MiddletonCourt of Appeals for the Eleventh Circuit · 1982
  5. State v. PattersonHawaii Supreme Court · 1977

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3Cited by9 opinions

  1. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  2. State v. OkumuraHawaii Supreme Court · 1995
  3. Cammack v. WaiheeCourt of Appeals for the Ninth Circuit · 1991
  4. State v. PeckCourt of Appeals of Wisconsin · 1988
  5. State v. AdlerHawaii Supreme Court · 2005

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