Public-domain · open source
OpenJurist

Va. Code Ann. § 17.1-410

Disposition of appeals; finality of decisions

Applied in 8 court decisions — leading case Horner v. Department of Mental Health (2004)

Most recently applied in Cole v. Commonwealth (November 2017)

1983, c. 413, § 17-116.07; 1984, c. 701; 1987, c. 710; 1988, c. 873; 1998, c. 872; 2000, c. 830; 2019, c. 809; 2021, Sp

How often courts cite this section

20012010201720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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

1. Appeals in criminal cases pursuant to subsections A or E of § 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

2. Appeals involving involuntary treatment of prisoners pursuant to § 53.1-40.1 or 53.1-133.04.

3. Appeals involving denial of a concealed handgun permit pursuant to § 18.2-308.08.

B. All other decisions of the Court of Appeals shall be appealable to the Supreme Court in accordance with the provisions of § 17.1-411.

Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.