Criminal conviction; appeals to Court of Appeals, etc.,based on erroneously admitted evidence. (HB2338)

Introduced By

Del. Jackson Miller (R-Manassas)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Erroneously admitted evidence; appeal. Provides that when a criminal judgment is appealed based on a claim that the evidence to convict 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 judgment. 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. Read the Bill »


Bill Has Passed


01/18/2013Presented and ordered printed 13104264D
01/18/2013Referred to Committee for Courts of Justice
01/25/2013Assigned Courts sub: #1 Criminal
01/28/2013Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
02/01/2013Reported from Courts of Justice with substitute (12-Y 0-N) (see vote tally)
02/01/2013Committee substitute printed 13104687D-H1
02/02/2013Read first time
02/04/2013Read second time
02/04/2013Committee substitute agreed to 13104687D-H1
02/04/2013Engrossed by House - committee substitute HB2338H1
02/05/2013Read third time and passed House BLOCK VOTE (100-Y 0-N)
02/05/2013VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
02/06/2013Constitutional reading dispensed
02/06/2013Referred to Committee for Courts of Justice
02/15/2013Reported from Courts of Justice (8-Y 6-N) (see vote tally)
02/18/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/19/2013Read third time
02/19/2013Passed Senate (32-Y 7-N) (see vote tally)
02/22/2013Bill text as passed House and Senate (HB2338ER)
02/23/2013Signed by Speaker
02/23/2013Signed by President
03/21/2013G Approved by Governor-Chapter 675 (effective 7/1/13)
03/21/2013G Acts of Assembly Chapter text (CHAP0675)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 35 seconds.