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§ 17.1-406 Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction

A. Any aggrieved party may appeal to the Court of Appeals from any final conviction in a circuit court of a traffic infraction or a crime. The Commonwealth or any county, city, or town may petition the Court of Appeals for an appeal pursuant to this subsection in any case in which such party previously could have petitioned the Supreme Court for a writ of error under § 19.2-317. The Commonwealth may also petition the Court of Appeals for an appeal in a criminal case pursuant to § 19.2-398.

B. In accordance with other applicable provisions of law, appeals lie directly to the Supreme Court from a final decision, judgment, or order of a circuit court involving a petition for a writ of habeas corpus; from any action collaterally attacking a criminal conviction, including a motion filed under § 8.01-428; from any final finding, decision, order, or judgment of the State Corporation Commission; and from proceedings under §§ 54.1-3935 and 54.1-3937. Complaints of the Judicial Inquiry and Review Commission shall be filed with the Supreme Court of Virginia. The Court of Appeals shall not have jurisdiction over any cases or proceedings described in this subsection.

History

This law was first created in 1984. The record of its establishment is cataloged in chapter 701 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 1984 “Acts” aren’t available online. It has been modified 8 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 1985, chapter 371; in 1987, chapters 707 and 710; in 1988, chapter 873; in 1998, chapter 872; in 2007, chapter 889; in 2013, chapter 746; in 2019, chapter 809; in 2023, chapters 314 and 315.

1984, c. 701, § 17-116.05:1; 1985, c. 371; 1987, cc. 707, 710; 1988, c. 873; 1998, c. 872; 2007, c. 889; 2013, c. 746; 2019, c. 809; 2021, Sp. Sess. I, cc. 344, 345, 489; 2023, cc. 314, 315.

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This is a law from the Code of Virginia. This is the actual, unchanged text of one of the many laws that govern Virginia.

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Court Decisions

Trevathan v. Commonwealth (ORDER) (SCV, 08/23/19)
. . . Upon the petition of Ellis Lee Trevathan ("Trevathan"), an appeal is awarded him from a final order . . .
Williams v. Com. (SCV, 01/17/02)
. . . 557 S.E.2d 233 (2002) . . .
Commonwealth of Virginia v. Devin Denny (COA, 06/07/22)
. . . VIRGINIA: . . .
Oliver v. Commonwealth (COA, 04/17/01)
. . . 544 S.E.2d 870 (2001) . . .
Miles v. Sheriff of the Virginia Beach City Jail (SCV, 06/06/03)
. . . 381 S.E.2d 191 (2003) . . .
Franklin Minor v. Commonwealth of Virginia (COA, 11/08/16)
. . . RUSSELL, Judge. . . .
Harris v. Commonwealth (COA, 11/02/10)
. . . 700 S.E.2d 475 (2010) . . .
Timothy Alan Pearson, Sr. v. Commonwealth of VA (COA, 03/05/02)
. . . ELDER, Judge. . . .
Harris v. Commonwealth (SCV, 11/05/99)
. . . 520 S.E.2d 825 (1999) . . .
Leroy Vanmeter, Jr. v. Commonwealth of Virginia (COA, 02/27/24)
. . . COURT OF APPEALS OF VIRGINIA . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.

Amendment Attempts

HB2652: Concealed weapons; amends provisions relating thereto. (failed)
HB299: Death penalty; abolishes for all Class 1 felonies committed on or after July 1, 2007. (failed)
SB547: Criminal appeals; to appeal conviction defense counsel must certify there is legitimate issue.
HB1755: Death penalty; abolished for all Class 1 felonies committed on or after July 1, 2009. (failed)
HB489: Concealed weapon and concealed handgun permits; reorganizes existing law. (failed)
SB489: Juvenile court; allows State to appeal a suppression ruling to circuit court and Court of Appeals.
HB1406: Pretrial appeal by State attorney; ruling by juvenile & domestic relations district court, etc. (failed)
HB923: Concealed handgun permits and carrying concealed weapons; reorganizing and recodifying law. (failed)
HB923: Concealed handgun permits and carrying concealed weapons; reorganizing and recodifying law. (failed)
HB1833: Concealed weapons and concealed handgun permits; reorganizing & recodifying law related to carrying. (passed)
SB730: Juvenile offenders, certain; sentence modification procedure. (failed)
HB53: Juvenile offenders; sentence modification procedure. (failed)
SB94: Juvenile offenders; sentence modification. (failed)
HB934: Prisoners; medical and mental health treatment of those incapable of giving consent.
HB1133: Prisoners; medical and mental health treatment of those incapable of giving consent. (failed)
SB296: Prisoners; medical and mental health treatment of those incapable of giving consent. (failed)
HB1933: Prisoners; medical and mental health treatment of those incapable of giving consent. (passed)
HB85: Death penalty; abolishes penalty, including those persons currently under a death sentence. (failed)
SB449: Death penalty; abolishes penalty, including those persons currently under a death sentence. (failed)
HB1779: Death penalty; abolition of current penalty. (failed)
HB2263: Death penalty; abolition of current penalty.
HB2263: Death penalty; abolition of current penalty.
SB449: Death penalty; abolishes penalty, including those persons currently under a death sentence.
SB1165: Death penalty; abolition of current penalty.
HB661: Capital murder; death penalty for willful, deliberate, etc., killing of a law-enforcement officer. (failed)
SB379: Capital murder; death penalty for willful, deliberate, etc., killing of a law-enforcement officer. (failed)
SB561: Virginia Attorney Disciplinary Commission; established, report. (failed)
HB394: Capital murder; authorizes death penalty. (failed)
HB1553: Court of Appeals; procedure on appeal; criminal cases. (passed)
HB2505: Termination of parental rights; abused, etc., children or children without parental care, appeals. (failed)
HB2694: Criminal sexual assault against a minor; capital murder, death penalty, etc. (failed)
SB896: Court of Appeals; procedure on appeal; criminal cases. (passed)
HB197: Zoning appeals, board of; appellate jurisdiction upon appeal from the circuit court. (failed)
HB1485: Court of Appeals of Virginia; maximum number of judges, summary disposition of certain civil cases. (failed)
SB793: Court of Appeals of Virginia; increases maximum number of judges, hearings en banc. (failed)