Thursday, August 21, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
SB547: Criminal appeals; to appeal conviction defense counsel must certify there is legitimate issue.
Be it enacted by the General Assembly of Virginia:
1. That § 17.1-406 of the Code of Virginia is amended and reenacted as follows:
§ 17.1-406. Petitions for appeal; cases over which Court of Appeals does not have jurisdiction.
A. Any aggrieved party may present a petition for appeal to the Court of Appeals from (i) any final conviction in a circuit court of a traffic infraction or a crime upon certification by counsel for the defendant or the trial judge that a legitimate issue exists for an appeal, except where a sentence of death has been imposed, (ii) any final decision of a circuit court on an application for a concealed weapons permit pursuant to subsection D of § 18.2-308, (iii) any final order of a circuit court involving involuntary treatment of prisoners pursuant to § 53.1-40.1, or (iv) any final order for declaratory or injunctive relief under § 57-2.02. 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 conviction in which a sentence of death is imposed, from a final decision, judgment or order of a circuit court involving a petition for a writ of habeas corpus, 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.
Additional Data
Explanation
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