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* * * * * * *
Without having to declare [28 U.S.C.] section 1915
unconstitutional as applied to Hadsell, the tax court
could have attempted to acquire these records in at
least two ways. By relying on Federal Rule of Evidence
614(a), the court could have, on its own accord, called
Detective Menzies and ordered him to bring with him
Hadsell’s tax records that were still in the possession
of the Newport Police Department. * * * Alternatively,
it could have granted Hadsell a continuance with the
suggestion that he seek the return of the documents
directly from the City of Newport, either through
administrative channels or an action in state court.
Hadsell v. Commissioner, 107 F.3d at 753.
The Court of Appeals vacated our decision and remanded the
case in order for the Court to:
consider its power either to call Detective Menzies as
a witness, bringing with him the requested tax
documents, under Federal Rule of Evidence 614(a), or to
continue the hearing to allow Hadsell an opportunity to
obtain the documents directly.
Id. at 754.
In accordance with the mandate of the Court of Appeals, the
Court issued an order on June 3, 1997, ordering Newport Chief of
Police James Rivers (Chief Rivers) to have the Newport Police
Evidence Officer personally deliver to petitioner’s Corrections
Counselor by June 30, 1997:
certain boxes of documents seized and described in
‘Your Return to Search Warrant’ dated January 9, 1992,
and any other documents of Mr. Hadsell which may remain
with the Newport, Oregon Police Department, which
documents this Court has been advised are located in
the Evidence Vault of the Newport, Oregon Police
Department and are in the custody of James Rivers * * *
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