OKLAHOMA CITY — An Oklahoma prosecutor is appealing a judge’s order to return items confiscated during 2015 raids at a now-closed pipe shop in Norman.

District Attorney Greg Mashburn asked the Oklahoma Supreme Court on Monday to order Special Judge Steve Stice to decide whether the items, including glass pipes and rolling papers, are drug paraphernalia whose return is prohibited.

Stice ordered the items returned earlier this month. The judge says he couldn’t decide whether items confiscated from Friendly Market were drug paraphernalia and that prosecutors didn’t produce evidence showing they shouldn’t be returned to owner Robert Cox.

Mashburn’s appeal says Stice avoided his duty by “legislating from the bench” and requiring prosecutors to prove the items’ return is prohibited.

Cox’s attorney, Blake Lynch, called the appeal a “baffling waste of tax dollars.”

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