McGriff v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE JOSHUA D. MCGRIFF, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 244, 2021 Court Below—Superior Court of the State of Delaware Cr. ID No. 2004002455 (N) Submitted: August 11, 2021 Decided: August 20, 2021 Before VALIHURA, VAUGHN, and TRAYNOR, Justices. ORDER After consideration of the notice to show cause and the response, it appears to the Court that: (1) On August 2, 2021, the appellant, Joshua D. McGriff, filed a notice of appeal from a July 21, 2021 jury verdict finding him guilty of second-degree robbery and second-degree conspiracy. The Superior Court ordered a presentence investigation. Sentencing has not been scheduled. (2) The Senior Court Clerk issued a notice directing McGriff to show cause why this appeal should not be dismissed based on this Court’s lack of jurisdiction under Article IV, § 11(1)(b) of the Delaware Constitution to hear an interlocutory appeal in a criminal matter. In his response to the notice to show cause, McGriff argues that the jury verdict is a final order that he may appeal now. He is mistaken. (3) Under the Delaware Constitution, the Court may review only a final judgment in a criminal case.1 Because McGriff has not yet been sentenced for his criminal convictions, this appeal is interlocutory and the Court has no jurisdiction to consider it.2 After the Superior Court sentences McGriff, he may file an appeal. NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b), that this appeal is DISMISSED. BY THE COURT: /s/ James T. Vaughn, Jr. Justice 1 2 Del. Const. art. IV, § 11(1)(b). Cirwithian v. State, 2019 WL 7041892, at *1 (Del. Dec. 20, 2019). 2
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