IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR SUSSEX COUNTY
JUANITA NELSON,
Petitioner,
v.
: C.A. No. 06M-10-001
:
:
STATE OF DELAWARE,
:
Respondent.
:
ORDER
On this 20th day of June, 2007, u pon consider ation of the Petition for R eturn of Prope rty
("the petition") which petitioner Juanita Nelson ("petitioner") has filed, the Commissioner's Proposed
Findings of Fact and Recommendations dated June 4, 2007, and the record in this case, it appears
that:
1) Petitioner filed the petition in this matter pursuant to 16 Del. C. § 4784(j) an d Super. Ct.
Civ. R. 71.3 seeking the return of a 1995 Chrysler LHS (sometimes referred to as “the vehicle”) which
was seized from her son Terrence Nelson when he was arrested on drug-related charges on or about
August 1, 2006.
2) The Court referred the petition to Superior Court Commissioner Alicia B. Howard pursuant
to 10 Del. C. § 512(b) and Superior Court Civil Rule 132(a)(4) for purposes of making findings of
fact and reaching conclusions of law. The Commissioner has filed Proposed Findings of Fact and
Recommendations dated June 4, 2007, wherein she recommen ds that the Superior Court conclude that
the State of Delaware (“the State”) established probable cause to have initiated the forfeiture
proceeding; that petitioner has not met her burden of proving she was the actual owner of the vehicle;
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that petitioner has not met her burden of proving the innocent owner defense; that the Court deny
petitioner her petition for return of the vehicle; and that the Court order the vehicle to be forfeited to
the State. The Proposed Findings of Fact and Recommendations are attached hereto as Exhibit A and
incorporated by reference.
(3) No objections to the Proposed Findings of Fact and Recommendations have been filed.
NOW, THEREFORE, after careful and de novo review of the record in this action, and for the
reasons stated in the Commissioner's Proposed Findings of Fact and Recommendations dated June 4,
2007,
IT IS ORDERED THAT:
(1) The Court adopts the well-reasoned Commissioner's Proposed Findings of Fact and
Recommendation s;
(2) The Court concludes that the State established probable cause to have initiated the
forfeiture proceeding;
(3) The Court concludes that petitioner has not met her burden of proving she was the actual
owner of the vehicle;
(4) The Court concludes that petitioner has not met her burden of proving the innocent owner
defense;
(5) The Court denies petitioner her petition for return of the vehicle; and
(6) The Court orders the 1995 Chrysler LHS to be forfeited to the State.
_________________________
JUDGE
cc: Prothonotary’s Office
Juanita Nelson
John Donahue, Esquire
The Honorable Alicia B. Howard
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