Code of Virginia - Title 19.2 Criminal Procedure - Chapter 25 Appeals By The Commonwealth

  • 19.2-398 When appeal by the Commonwealth allowed
    A. In a felony case a pretrial appeal from a circuit court may be taken by the Commonwealth from: 1. An order of a circuit ...
  • 19.2-399 Defense objections to be raised before trial; hearing; bill of particulars.
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  • 19.2-400 Appeal lies to the Court of Appeals; time for filing notice
    An appeal taken pursuant to § 19.2-398, including such an appeal in a capital murder case, shall lie to the Court of Appeals of Virginia. ...
  • 19.2-401 Cross appeal; when allowed; time for filing
    The defendant shall have no independent right of appeal pursuant to § 19.2-398. If the Commonwealth appeals, the defendant may cross appeal from any orders ...
  • 19.2-402 Petition for appeal; brief in opposition; time for filing
    A. When a notice of appeal has been filed pursuant to § 19.2-400, the Commonwealth may petition the Court of Appeals for an appeal pursuant ...
  • 19.2-403 Procedures on petition for pretrial appeal
    The procedures on a pretrial appeal to the Court of Appeals by the Commonwealth pursuant to § 19.2-398, and on a cross appeal of a ...
  • 19.2-404 Procedures on awarded pretrial appeal
    This section applies only to pretrial appeals. If the Court of Appeals grants the Commonwealth's petition for a pretrial appeal, the Attorney General shall thereafter ...
  • 19.2-405 Pretrial appeals; record on appeal; transcript; written statement; time for filing
    This section applies only to pretrial appeals. The record on appeal shall conform, as nearly as practicable, to the requirements of Part Five A of ...
  • 19.2-406 Bail pending pretrial appeal
    This section applies only to pretrial appeals. Upon a pretrial appeal being taken by the Commonwealth pursuant to § 19.2-398, if the defendant moves the ...
  • 19.2-407 Review by the Supreme Court
    Pursuant to § 17.1-409, the Supreme Court in its discretion may certify an appeal taken pursuant to § 19.2-398, or a cross appeal taken pursuant ...
  • 19.2-408 Finality of decision of the Court of Appeals in pretrial appeals
    The decision of the Court of Appeals shall be final for purposes of a pretrial appeal pursuant to § 19.2-398, or a cross appeal of ...
  • 19.2-409 Exclusion of pretrial appeal period from time within which accused must be tried; reconsideration o...
    This section applies only to pretrial appeals. The provisions of § 19.2-243 shall not apply to the period of time commencing when the Commonwealth's notice ...

Last modified: April 3, 2009