(Published in The Norman Transcript November 26, December 3, 10, 2016, 3t) IN THE DISTRICT COURT OF CLEVELAND COUNTY STATE OF OKLAHOMA IN RE: APPLICATION OF STATE OF OKLAHOMA, ex rel. GREG MASHBURN, DISTRICT ATTORNEY FOR THE TWENTY-FIRST PROSECUTORIAL DISTRICT, TO DISPOSE OF CERTAIN EVIDENTIARY EXHIBITS, Petitioner. Case No. CV-2016-2557 W APPLICATION FOR AN ORDER PERMITTING DISPOSAL OF CERTAIN EVIDENTIARY EXHIBITS WHICH HAVE BEEN INTRODUCED, FILED OR HELD IN CUSTODY BY THE STATE OF OKLAHOMA. COMES NOW, STATE OF OKLAHOMA, ex rel. GREG MASHBURN, DISTRICT ATTORNEY FOR THE TWENTY-FIRST PROSECUTORIAL DISTRICT, by and through, Assistant District Attorney, Heather R. Darby, and pursuant to the provisions of 22 O.S. §1327, requests the Court enter an order authorizing Petitioner to dispose of certain evidentiary exhibits which have been introduced, filed or held in custody by Petitioner. The property at issue is identified by the exhibits attached hereto and incorporated by reference. In support, the Petitioner alleges and states as follows: 1. That the following criminal matters have reached final disposition, all appeal time has run, and all property listed with the corresponding exhibit is no longer needed for evidence, an exhibit for trial, or by another jurisdiction for any law enforcement purposes: a. State v. Steven Eric Lawrence, CF-2011-1203, Case disposed 3/28/2013 (Ex. "A") b. State v. Dustin Norris, CF-2012-1098, Case disposed 10/16/2013 (Ex. "B") c. State v. Monique Skiles, CF-2015-67, Case disposed 8/5/2015 (Ex. "C") d. State v. Lauren Curtis, CF-2013-185, Case disposed 11/20/2013 (Ex. "D") e. State v. Joseph Halpin, CF-2012-1487, Case disposed 03/28/2013 (Ex. "E") f. State v. Allen Kennard, CF-2013-1299, Case disposed 12/4/2014 (Ex. "F") g. State v. Russell Eweth, CF-2013-642, Case disposed 1/22/2014 (Ex. "G") h. State v. Ashlie Moore, CF-2013-638, Case disposed 1/15/2014 (Ex. "G") i. State v. Joseph Jackman, CF-2013-788, Case disposed 8/28/2013 (Ex. "H") j. State v. Brittani Scoggins, CF-2012-2043, Case disposed 1/24/2013 (Ex. "I") k. State v. Eric Isbill, CF-2014-1715, Case disposed 10/22/2014 (Ex. "J") l. State v. Desmond Garza, CF-2013-627, Case disposed 1/6/2014 (Ex. "K") m. State v. Adam Wilson, CF-2013-408, Case disposed 4/26/2013 (Ex. "L") n. State v. Jamie Neil, CF-2010-122, Case disposed 12/17/2010 (Ex. 'M') o. State v. Brenda McCaslin, CF-10-123, Case disposed 12/17/2010 (Ex. "M") p. State v. Aaron Hughes, CF-2011-594, Case disposed 7/27/2011 (Ex. "N") q. State v. Matthew Shrum, CF-2010-306, Case disposed 3/8/2013 (Ex. 'O) r. State v. Rhonda K. Sharp, CF-2011-1151, Case disposed 4/17/2013 (Ex. "P") s. State v. Cody Hass, CM-2010-2728, Case disposed 11/23/2010 (Ex. "Q") t. State v. Emon Raof, CF-2011-1670, Case disposed 3/1/2012 (Ex. "R") u. State v. Jackie Dale Brumley, CF-14-369, Case disposed 8/19/2015 (Ex. S) v. Margaret Castro/Ryan Walker, Task Force No. 072511RA-01 (Ex. "T") w. Todd Dobson, Task Force No., 071510BG-01 (Ex. "U) x. Tristen Kinsey, Moore P.D. No.14-44252 (Ex. "V") y. Sean McCauley/Ladawna Beene, Task Force No. 082310BG01 (Ex. "W") z. Robert T. Jackson, Task Force No. 081110BG-01 (Ex. "X") aa. Kevin West/Samantha Casto, Task Force No. 110414JH-01 (Ex. "Y") bb. Ray Bradley, Task Force No. 010711RA-01 (Ex. "Z") cc. Shawn Matthews, Task Force No. 0303108G-01 (Ex. "AA") dd. Justin Largent, Task Force No. 01192010RA-01 (Ex. "BB") ee. Landon Riggs/Dillon Beck, Task Force No. 121312RA-1 (Ex. "CC") ff. Kathleen Moye, Task Force No. 061814CC-01 (Ex. "DD") 2. That all of the exhibits attached contain property which has been in the sole and exclusive possession of Petitioner for more than six (6) months after the disposition date of the criminal matter. 3. That no claims of ownership have been asserted to any of the property listed in any of the attached exhibits, all property has remained unclaimed for more than six (6) months after the disposition of the corresponding case, and said property should be deemed abandoned and be disposed of by Petitioner as permitted by law. 4. That notice of this Application for disposal of the attached evidence and/or trial exhibits shall be provided by certified mail to the last person in possession of said property prior to such exhibit being seized at the last known address of such person. 5. That if any person identified as the last person in possession of said property is unable to be served notice by certified mail, notice shall be provided by publication. 6. That pursuant to 22 O.S. $1327 (D), the notice provisions of 22 O.S. $1327 (B) shall not apply to any dangerous or deadly weapon, narcotic or poisonous drug, explosives, paraphernalia, explosives or any property of any kind of character whatsoever the possession of which is prohibited by law and shall not be provided. 7. That pursuant to 22 O.S. $1327 (D), any such property as described in ¶ 6 of this Application shall not be returned to the last owner in possession and shall be destroyed, sold or otherwise disposed. WHEREFORE, premises considered, Petitioner respectfully requests this Court enter an Order finding the property identified herein were evidentiary exhibits and/or evidence which are no longer needed, have been abandoned and/or unclaimed, or are prohibited to be returned and shall be retained by Petitioner to be disposed of as provided by law. 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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