Curtis v. State
CourtSupreme Court of Delaware
Date FiledSeptember 28, 2026
Docket266, 2026
StatusPublished
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Full Opinion
IN THE SUPREME COURT OF THE STATE OF DELAWARE
GEORGE CURTIS, §
§
Defendant Below, § No. 266, 2026
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. ID Nos. 2012010059 and
§ 2101003496 (K)
Appellee. §
Submitted: September 14, 2026
Decided: September 28, 2026
Before TRAYNOR, LEGROW, and GRIFFITHS, Justices.
ORDER
After consideration of the notice to show cause and the response, it appears to
the Court that:
(1) The appellant, George Curtis, filed this appeal from a Superior Court
order denying his motion to withdraw his guilty plea. Curtis has not yet been
sentenced. The Chief Deputy Clerk issued a notice directing Curtis to show cause
why this appeal should not be dismissed based on the Court’s lack of jurisdiction to
hear an interlocutory appeal in a criminal matter.
(2) In his response to the notice to show cause, George argues the merits of
his plea withdrawal motion and asks this Court to review the Superior Court’s
decision denying the motion. He does not address the jurisdictional issue.
(3) Under the Delaware Constitution, this Court may review only a final
judgment in a criminal case.1 The Superior Court’s denial of Curtis’s motion to
withdraw his guilty plea is not final until Curtis is sentenced.2 The Court therefore
does not have jurisdiction to review this appeal.
NOW, THEREFORE, IT IS ORDERED that the appeal is DISMISSED under
Supreme Court Rule 29(b).
BY THE COURT:
/s/ Abigail M. LeGrow
Justice
1
Del. Const. art. IV, § 11(1)(b); Mujica v. State, 239 A.3d 390, 2020 WL 5870109, at *1 (Del.
Oct. 1, 2020) (TABLE).
2
Webb v. State, 281 a.3D 29, 2022 WL 2659667, at *1 (Del. July 8, 2022) (table) (dismissing the
defendant’s appeal of the jury’s verdict because he had not yet been sentenced).
2