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Brown v. State

Superior Court of Delaware

August 9, 2019

RODERICK T. BROWN, Petitioner,
v.
STATE OF DELAWARE, Respondent. RODERICK BROWN, Petitioner,
v.
STATE OF DELAWARE, Respondent.

          Amanda Nyman, Esquire

          Nichole Gannett, Esquire

          Maria Knoll, Esquire

          Kathryn Garrison, Esquire

          Danielle Brennan, Esquire

          ORDER UPON REMAND AFTER APPEAL

         WHEREAS, Roderick T. Brown, also known as Roderick T. Mumford ("petitioner"), filed an appeal to the Delaware Supreme Court of this Court's May 29, 2018, Final Order regarding the forfeiture of various items of property seized when petitioner was arrested on charges of drug dealing, money laundering, possession of drug paraphernalia, conspiracy, and illegal possession of weapons;

         WHEREAS, the Supreme Court issued a decision dated July 22, 2019, [1] wherein it affirmed in part and reversed in part this Court's May 29, 2018 Final Order;

         WHEREAS, the Supreme Court remanded the matter in order for this Court to enter an order consistent with the Supreme Court's July 22, 2019, Opinion;

         NOW, THEREFORE, THIS 9th DAY OF AUGUST, 2019, THIS COURT HEREBY ORDERS AS FOLLOWS REGARDING THE VARIOUS ITEMS OF PROPERTY WHICH WERE AT ISSUE IN THIS ACTION AND IN ACCORDANCE WITH THE SUPREME COURT'S OPINION DATED JULY 22, 2019, IN THAT THE COURT:

         1) Deems the 2003 Honda Accord, VIN# 1HGCM55643A099496 to be forfeited because the State established reasonable ground existed to believe that the vehicle was used to facilitate the sale, transport and/or delivery of illegal drugs and petitioner did not prove otherwise by a preponderance of the evidence;

         2) Orders that the 2003 Honda Accord, VIN# 1HGCM55643A099496 be forfeited to the State of Delaware;

         3) Instructs the Division of Motor Vehicles to transfer title from the previous owner(s) of the 2003 Honda Accord, VIN# 1HGCM55643A099496 into the name of the State of Delaware;

         4) Grants petitioner's petition to the extent is seeks the return of the 1972 Cadillac, ...


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