State v. Fadness
Annotate this CaseAfter a jury trial, Defendant Blaine Fadness was convicted of three counts of attempted deliberate homicide. One of the conditions of Defendant's suspended sentence was that he not own, possess, or be in control of any firearms of deadly weapons. The county attorney subsequently filed a petition for order of disposing of evidence, seeking an order giving him authority to sell Defendant's firearms, dangerous weapons, ammunition, and other equipment that the government had seized for use in the investigation and trial. The Supreme Court reversed the district court's order in part, holding that the district court (1) erred in permitting the State to sell items that were not firearms, ammunition, or deadly weapons, as Defendant was entitled to have those items returned; (2) did not err in denying Defendant possession of the firearms, ammunition, and deadly weapons; and (3) did not abuse its discretion in allowing the State to sell Defendant's firearms, ammunition, with the proceeds to go to Defendant's father as an agent for Defendant, rather than releasing the items to Defendant's parents, who had no plan for selling them and little or no knowledge about how to do so. Remanded.
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