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STATE v. MOONEY

No. 20010787.

98 P.3d 420 (2004)

2004 UT 49

STATE of Utah, Plaintiff and Appellee, v. James W. MOONEY, aka James W.B.E. Mooney, Linda T. Mooney, and Oklevueha Earthwalks Native American Church of Utah, Inc., Defendants and Appellants.

Supreme Court of Utah.

June 22, 2004.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Kris C. Leonard, Asst. Att'y Gen., Salt Lake City, and David H.T. Wayment, Provo, for plaintiff.

Kathryn Collard, Salt Lake City, for defendants.

PARRISH, Justice:

¶ 1 James and Linda Mooney, along with their church, the Oklevueha Earthwalks Native American Church (collectively, the "Mooneys"), have been charged by the State with multiple felony counts of "engag[ing] 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...

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