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STATE v. WETHERBEE

No. 03-160.

866 A.2d 527 (2004)

2004 VT 101

STATE of Vermont v. Adam W. WETHERBEE.

Supreme Court of Vermont.

October 1, 2004.

Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, and John Treadwell and David Tartter, Assistant Attorneys General, Montpelier, for Plaintiff-Appellee.

David J. Williams of Sleigh & Williams, St. Johnsbury, for Defendant-Appellant.

Present: AMESTOY, C.J., DOOLEY, JOHNSON, SKOGLUND and REIBER, JJ.

¶ 1. JOHNSON, J.

Adam Wetherbee appeals the Caledonia District Court's denial of his V.R.Cr.P. 41(e) motion for return of money that the Vermont State Police illegally seized from him, and subsequently transferred to federal authorities prior to the commencement of state proceedings in Vermont. The district court ruled that it lacked jurisdiction over the property because it was in the possession of federal agents. Wetherbee appealed the district court's decision...

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