§ 17.1-410 Disposition of appeals; finality of decisions.

History

This law was first passed in 1983. It was updated in 1984, 1987, 1988, 1998, and 2000.

Court Decisions

Cases Appealed to the Supreme Court of Virginia (COA, 08/02/11)
David Smith v. Commonwealth of Virginia (COA, 06/15/10)
Issue raised on appeal waived where appellant did not timely file the transcript of the suppression hearing he concedes is indispensable to resolution of issue presented; that violation of Rule 5A:8 constitutes a violation of a non-jurisdictional rule requirement; motion to dismiss appeal filed by appellant denied
Charles E. Settle, Jr. v. Commonwealth of Virginia (COA, 05/11/10)
No error in forfeiture of appellants dogs where evidence was sufficient to prove inadequate care by owner of companion animals; this decision has no effect on 11/24/09 decision where convictions of inadequate care of companion animals by owner affirmed; appeal of allowing dog to run at large dismissed where appellant failed to perfect appeal
Charles E. Settle, Jr. v. Commonwealth of Virginia (COA, 11/24/09)
As this Court is without jurisdiction over issue of forfeiture of appellants dogs, this portion of appeal transferred to Supreme Court; convictions of inadequate care of companion animals by owner affirmed; conviction of allowing dog to run at large dismissed where appellant failed to perfect appeal as to that conviction
Solomon H. Taylor v. Commonwealth of Virginia (COA, 07/22/08)
No error in trial courts finding that, given the procedures followed in this case, the identification procedure used by the police was not unduly suggestive; evidence was sufficient to support appellants convictions of three counts of robbery

Cross References

§ 8.01-626 When court grants or refuses injunction, justice of Supreme Court or judge of Court of Appeals may review it.
§ 17.1-411 Review by the Supreme Court.
§ 18.2-308 Personal protection; carrying concealed weapons; when lawful to carry; penalty.
§ 19.2-317 When writ of error lies in criminal case for accused; when for Commonwealth; when for county, city or town.

Cite As

Official: Va. Code § 17.1-410
Universal: VA Code § 17.1-410

Trust, But Verify

If you’re reading this for anything important, you should double-check its accuracy—read § 17.1-410 on the official Code of Virginia website.

Keyboard Guide

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) rejected a petition for appeal, (ii) dismissed an appeal in any case in accordance with the Rules of Court, or (iii) decided an appeal, its decision shall be final, without appeal to the Supreme Court, in: ¶

1. Traffic infraction and misdemeanor cases where no incarceration is imposed; ¶

2. Cases originating before any administrative agency or the Virginia Workers’ Compensation Commission; ¶

3. Cases involving the affirmance or annulment of a marriage, divorce, custody, spousal or child support or the control or disposition of a juvenile and other domestic relations cases arising under Title 16.1 or Title 20, or involving adoption under Chapter 12 (§ 63.2-1200 et seq.) of Title 63.2; ¶

4. Appeals in criminal cases pursuant to §§ 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 ¶

5. Appeals involving involuntary treatment of prisoners pursuant to § 53.1-40.1. ¶

B. Notwithstanding the provisions of subsection A, in any case other than an appeal pursuant to § 19.2-398, in which the Supreme Court determines on a petition for review that the decision of the Court of Appeals involves a substantial constitutional question as a determinative issue or matters of significant precedential value, review may be had in the Supreme Court in accordance with the provisions of § 17.1-411. ¶

History

This law has been modified 5 times since it was first created in 1983. 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.

Virginia Decoded

The Virginia state code, for humans.

§ 17.1-410 Disposition of appeals; finality of decisions.

History

Court Decisions

Cross References

Cite As

Trust, But Verify

History

Comments

§ 17.1-410 Disposition of appeals; finality of decisions.

History

Court Decisions

Cross References

Related Laws

Cite As

Trust, But Verify

History

Comments