                                 CODE OF VIRGINIA

ERRONEOUSLY ADMITTED EVIDENCE; APPEAL (§ 19.2-324.1)

In appeals to the Court of Appeals or the Supreme Court, when a challenge to a
conviction rests on a claim that the evidence was insufficient because the trial
court improperly admitted evidence, the reviewing court shall consider all
evidence admitted at trial to determine whether there is sufficient evidence to
sustain the conviction. If the reviewing court determines that evidence was
erroneously admitted and that such error was not harmless, the case shall be
remanded for a new trial if the Commonwealth elects to have a new trial.

HISTORY: 2013, c. 675.