§ 17.1-410 Disposition of appeals; finality of decisions
A. Each appeal of right taken to the Court of Appeals and each appeal for which a petition for appeal has been granted shall be considered by a panel of the court. When the Court of Appeals has (i) dismissed an appeal in any case in accordance with the Rules of Court or (ii) decided an appeal, its decision shall be final, without appeal to the Supreme Court, in:
1. Appeals in criminal cases pursuant to subsections A or E of § 19.2-398 and § 19.2-401. Such finality of the Court of Appeals’ decision shall not preclude a defendant, if he is convicted, from requesting the Court of Appeals or Supreme Court on direct appeal to reconsider an issue which was the subject of the pretrial appeal; and
2. Appeals involving involuntary treatment of prisoners pursuant to § 53.1-40.1 or 53.1-133.04.
3. Appeals involving denial of a concealed handgun permit pursuant to § 18.2-308.08.
B. All other decisions of the Court of Appeals shall be appealable to the Supreme Court in accordance with the provisions of § 17.1-411.
History
This law was first created in 1983. The record of its establishment is cataloged in chapter 413 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1983 “Acts” aren’t available online. It has been modified 6 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1984, chapter 701; in 1987, chapter 710; in 1988, chapter 873; in 1998, chapter 872; in 2000, chapter 830; in 2019, chapter 809.
1983, c. 413, § 17-116.07; 1984, c. 701; 1987, c. 710; 1988, c. 873; 1998, c. 872; 2000, c. 830; 2019, c. 809; 2021, Sp. Sess. I, c. 489.