Griffin v. State

Summary

The Delaware Supreme Court affirmed the Superior Court’s resentencing of Tyerin Griffin as a habitual offender. Applying Delaware Supreme Court Rule 26(c), the Court concluded that Griffin’s appeal was wholly without merit and that appointed counsel had conscientiously reviewed the record and law.

Holdings

1. When counsel files a motion to withdraw and a no-merit brief under Rule 26(c), the Supreme Court must determine both whether counsel conscientiously examined the record and law for arguably appealable claims and whether the appeal is wholly devoid of at least arguably appealable issues.
2. The appeal presented no arguably appealable issue concerning Griffin's resentencing under the prior version of the habitual-offender statute, and the Superior Court's judgment was affirmed.

Questions Presented

1. Whether Griffin's appeal presented any arguably appealable issue after appointed counsel's conscientious review of the record and filing of a Rule 26(c) no-merit brief.
2. Whether the Superior Court's resentencing under the version of 11 Del. C. § 4214(a) in effect when Griffin committed the offenses was legally erroneous.

Disposition

affirmed