Douglas L. Hadsell - Page 6




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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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