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: Tenth Circuit Blog

Order Denying Religious Freedom Defense to Drug Charge Not A Collateral Order

By Shari Allison

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U.S. v. Butts, --- F.3d ----, 2008 WL 1727051 (10th Cir. April 15, 2008).District court order that defendants could not raise at trial their First Amendment, Religious Freedom Restoration Act defense to the marijuana charges against them (MJ is a god), was not a final order that could be appealed under the collateral order exception to the requirement that only final orders can be appealed. There is no constitutional right not to be tried when there is a free exercise of religion claim as a defense. The right can be vindicated on appellate review of the case after final judgment.

Full post as published by Tenth Circuit Blog on April 16, 2008 (boomark / email).

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