Stewart v. State

 Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMES STEWART, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 398, 2004 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr.A. No. 0302014400 Submitted: March 2, 2005 Decided: May 19, 2005 Before HOLLAND, JACOBS and RIDGELY, Justices. ORDER This 19th day of May 2005, it appears to the Court that: 1) This is an appeal in a criminal matter following the Superior Court s decision to reverse a ruling by the Court of Common Pleas and to remand the matter to the Court of Common Pleas for sentencing. 2) This Court has no jurisdiction to hear interlocutory appeals in a criminal proceeding.1 Since a judgment is not final until a sentence has been 1 See Del. Const. art. IV, § 11(1)(b); Gottlieb v. State, 697 A.2d 400, 401-02 (Del. 1997); Perry v. State, 575 A.2d 1154, 1155 (Del. 1990). imposed,2 this matter must be dismissed as an improper interlocutory appeal.3 3) After the defendant is sentenced in the Court of Common Pleas, he can file an appeal with the Superior Court and then to this Court, assuming that the Superior Court considers its prior decision to be the law of the case. 4) Following his sentencing, the defendant will have the right to seek a stay of execution in the event he seeks to avoid beginning his mandatory sentence of incarceration.4 NOW, THEREFORE, IT IS HEREBY ORDERED that this appeal is DISMISSED. BY THE COURT: /s/ Randy J. Holland Justice 2 Perry v. State, 575 A.2d at 1156 (citing Eller v. State, 531 A.2d 948, 950 (Del. 1987). Gottlieb v. State, 697 A.2d at 401-02. 4 See Ct. Com. Pleas Crim. R. 37; Super. Ct. Crim. R. 38; Supr. Ct. R. 32; and Del. Code Ann. tit. 11, § 4502. 3 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.