Legal Opinion

State v. Whittingham

Court of Appeals of Arizona

Decided April 3, 1973No. 1 CA-CR 443PublishedCited by 32 opinions

1Opinion of the Court

DONOFRIO, Presiding Judge.

Appellants were convicted of a violation of A.R.S. § 36-1061, possession of peyote, a misdemeanor. They appealed, seeking a determination from this Court as to whether their convictions violated the First Amendment of the United States Constitution which guarantees the free exercise of freedom of religion. The charges, subsequent arrest, and convictions stem from a raid led by undercover agents of the Department of Public Safety on a hogan located at Parks, Arizona, in Coconino County on October 18, 1969 in which the defendants-appellants were present and admitted…

2Cases cited5 opinions

  1. Sherbert v. VernerSupreme Court of the United States · 1963
  2. West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
  3. People v. WoodyCalifornia Supreme Court · 1964
  4. In Re Jenison Contempt ProceedingsSupreme Court of Minnesota · 1963
  5. In Re GradyCalifornia Supreme Court · 1964

3Cited by32 opinions

  1. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  2. Employment Division, Department of Human Resources v. SmithSupreme Court of the United States · 1988
  3. Carl Eric Olsen v. Drug Enforcement Administration, Carl Eric Olsen v. John Lawn, Administrator, Drug Enforcement AdministrationCourt of Appeals for the D.C. Circuit · 1989
  4. Sherr v. Northport-East Northport Union Free School DistrictDistrict Court, E.D. New York · 1987
  5. Smith v. Employment DivisionOregon Supreme Court · 1986

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