Opinion
C.A. No. 98M-02-021 HDR.
July 24, 2000.
ORDER
On this 24th day of July, 2000, upon consideration of Doris Pettyjohn's Petition for Return of Property, the Commissioner's Report and Recommendation, and the record in this case, it appears that:
(1) Doris Pettyjohn ("Petitioner") filed a Petition for Return of Property on February 24, 1998. The matter was referred to the Court Commissioner for findings of fact and recommendation pursuant to 10 Del. C. § 512 (b) and Superior Court Civil Rule 132. A non-jury trial was held on September 14, 1999 and post trial briefing was ordered.
(2) The Commissioner has filed a Report and Recommendation recommending that the petition be denied because the State has established probable cause to have initiated the forfeiture proceeding and the Petitioner has not met her burden to rebut the presumption that the 1984 Chevrolet Blazer is forfeitable. No objections to the Report have been filed.
NOW, THEREFORE, after careflul and de novo review of the record in this action, and for the reasons stated in the Commissioner's Report and Recommendation dated June 30, 2000,
IT IS ORDERED that:
(A) The well-reasoned Commissioner's Report and Recommendation is adopted by the Court;
(B) The petitioner's Petition for Return of Property is DENIED.
DEL PESCO, President Judge.