(Published in The Norman Transcript June 9, 2016, 1t) IN THE DISTRICT COURT OF MCCLAIN COUNTY STATE OF OKLAHOMA THE STATE OF OKLAHOMA, ex rel. GREG MASHBURN, DISTRICT ATTORNEY FOR THE TWENTY-FIRST PROSECUTORIAL DISTRICT, Petitioner, vs. $1,500.00 IN U.S. CURRENCY SEIZED FROM KAYBEL FAY HEARRELL, Respondent. Case No. CV-2016-17 MOTION TO SERVE BY PUBLICATION AS TO KELA RAE MILLER COMES NOW, the Movant/Petitioner and respectfully requests this Court approve entry of an Order Authorizing service of process by publication pursuant to 12 O.S. §2004. In support Petitioner would show the Court as follows: 1. A vehicle recently purchased by Kela Rae Miller was involved in a police pursuit on January 11, 2016. The vehicle was subsequently impounded and inventoried by the McClain County Sheriffs Office on January 13, 2016. During the search, $1,500.00 in U.S. Currency and a large amount of methamphetamine were found in the vehicle. On February 29, 2016, Petitioner filed a Notice of Forfeiture in this matter seeking forfeiture of the currency seized under the authority of 63 O.S. § 2-503 (A)(6) & (7). 2. Pursuant to 63 O.S. § 2-506 (C), notice of seizure and intended forfeiture must be given to any potential party in interest. All attempts to provide notice to Kela Rae Miller have been unsuccessful. All attempts to locate Kela Rae Miller have been unsuccessful. Furthermore, law enfjorcement has been unable to determine any credible information regarding Kela Rae Miller or her whereabouts. 2. Pursuant to 12 O.S. §2004, this Court can authorize notice by publication. Personal service cannot be accomplished as no last address can be identified and service by mail cannot be accomplished as no address is known. Service by publication should be authorized as Kela Rae Miller cannot be located, no legitimate address can be found, and Petitioner has no information regarding the identity of persons who might be able to locate Kela Rae Miller. 4. That with due diligence service of notice cannot be made upon the above named Claimant by any other method. WHEREFORE, premised considered, Petitioner respectfully requests that the Court approve service of Notice by publication as all other methods of notifying Kela Rae Miller have been unsuccessful and for such further relief as the Court deems just and equitable. Respectfully submitted, s/ Heather R. Darby Heather R. Darby, OBA #31360 Assistant District Attorney 201 S. Jones, Suite 300 Norman, Oklahoma 73069 Telephone (405) 321-8268 Fax (405) 360-7840
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