- 6 - * * * * * * * 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 * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011