Posted on 09/24/2008 3:33:18 AM PDT by Daffynition
HILLSBORO -- An Oregon Court of Appeals panel wasted no time Tuesday exploring the legal questions surrounding Snowball, the now-famous deer that a Molalla couple discovered seven years ago and adopted as a pet.
The judges rapidly fired questions at state attorney Cecil A. Reniche-Smith and Geordie Duckler, who represents the Molalla couple, James Filipetti and Francesca Mantei.
And the justices had a lot of questions.
Sometimes the lawyers were in midsentence when other questions came their way: If the couple did not have a permit for the deer, how can they legally possess it? Why should the state return the deer?
The short answer, Duckler said, is because the state never claimed it owned the deer and a Circuit Court judge ordered the state to give Snowball back to Filipetti and Mantei.
What if the item in dispute was a high-powered weapon, Presiding Judge Rick Haselton asked. "Why is a machine gun any different than a deer."
Technically, it's not, Duckler said. If something isn't inherently illegal, such as heroin, it should be returned to someone who makes a legitimate ownership claim.
The three-judge panel met at Hillsboro's Century High School auditorium to allow students and the public to see the court in action. The court is not expected to issue a ruling for several months.
The basic issue under scrutiny is whether the deer should be returned to Filipetti and Mantei. Doug Beghtel / The OregonianSnowball on the Molalla farm where she lived before state officials removed her.
Although the couple did not have a permit to keep the deer, they were never charged with a crime. Oregon law says the state is to return seized property not needed as evidence. The law also allows a person who can show "rightful possession" to the property to claim it, even if the person isn't the owner.
A Clackamas County judge considered that argument last year and ruled that the state had to return the deer, and the state appealed.
The court is wrestling with changes made in 1973 when the Legislature revised laws on seized property. The goal was to clarify the rights of those whose property was taken by the state.
But the wording resulted in some ambiguity and opened a seam that gives Filipetti and Mantei the right to demand the return of something they don't own and could not possess without a permit.
The outcome is of great interest to the state, said Oregon Department of Justice spokesman Jake Weigler. If the court interprets the law to mean that once evidence is no longer needed, a thief could say "I had possession when you took it from me, I want it back," Weigler said.
The state started the Snowball case rolling, Duckler said. Had a wildlife agent "pulled up and said ... 'Get a permit or please don't have a deer,' we would not be here."
Compared to seized drugs and firearms? We have lost our minds.
Last time I checked firearms were constitutionally protected
Cool tagline
My first thought was this was from Azconservative, then i thought was from another humor site.
Imagine my surprise when I realized this was serious article
deer is property.
pursuit of happiness is about property
therefore it is a property right question.
the permit issue is mere taxation and administration.
there is no pursuit of permits for property rights.
(had to channel a property law professor for that one)
Is Bill O'Reilly a judge now?
It’s very simple. The State has no business “owning” anything, since there is no such thing as “public” property (ie, property owned by everyone, and therefore no one).
Why was he “seized” in the first place?
Thank you. Before my second cup of coffee kicked in, I thought I was beginning to lose it!
And they’re talking that this might go the the Supremes. Argh!
When judges cut you off in mid-sentence it’s a sure sign they aren’t interested in the truth,fairness or justice.They already made up their minds before hearing arguements.Probably got their marching orders from the State.
this is no different than the person who does a home addition without a permit and has to pay a double permit fee or a hunter who kills and EATS more dear than permitted.
you pay the fine and pass the seasoning.
Judges do interrupt you as part of the process. There is a severe time limit so they want their questions answered. The lawyer does not get to just regurgitate his brief.
"After receiving an anonymous tip that the family has been illegally keeping a wild animal as a pet, authorities descended on Mantei's Molalla property Wednesday morning to seize Snowball and Bucky."
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