Held, the Court dismissing the District Court's grant of Petition in part for lack of jurisdiction observed that the District Court permitted Swanson to proceed with the merits of her Blakely claim, but it did not finally resolve the merits of that claim or for that matter even begin to resolve the merits of that claim. An order establishing that a court-at some point-will resolve the merits of a claim is not a final order, and that would be so even if this were the only claim in the case. But it was not even that. Swanson raised another ground for relief, her jury-instruction claim, and the court did not resolve the merits of that claim either. It did just the opposite, staying resolution of the claim until Swanson exhausted her state court remedies. Whether these classically interim orders are considered singly or together, they do not amount to "final decisions" under § 1291.
If at
