Grantham v. State

Summary

The Delaware Supreme Court affirmed the Superior Court's judgment in Victor Grantham's direct appeal from his second-degree murder conviction and sentence. The court rejected his claims concerning access to and review of the presentence report and allegedly improper prosecutorial comments at sentencing, finding no plain error or other arguably appealable issue.

Holdings

1. Grantham failed to demonstrate any error, much less plain error, concerning access to or review of the presentence report before sentencing.
2. The prosecutor's pointed but accurate and proper comments at sentencing did not constitute plain error.
3. The appeal was wholly without merit and devoid of any arguably appealable issues; the State's motion to affirm was granted and the Superior Court's judgment was affirmed.

Questions Presented

1. Whether Grantham demonstrated plain error because he and his counsel allegedly lacked an opportunity to review and comment on the presentence report before sentencing.
2. Whether allegedly unfair prosecutorial comments at sentencing constituted plain error and caused the sentencing judge to impose a more severe sentence.
3. Whether the Rule 26(c) appeal was wholly without merit and devoid of any arguably appealable issue.

Disposition

affirmed