2006 Code of Virginia § 17.1-410 - Disposition of appeals; finality of decisions

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

A. Each appeal of right taken to the Court of Appeals and each appeal forwhich a petition for appeal has been granted shall be considered by a panelof 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 theSupreme Court, in:

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

2. Cases originating before any administrative agency or the VirginiaWorkers' 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 juvenileand other domestic relations cases arising under Title 16.1 or Title 20, orinvolving 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. Suchfinality of the Court of Appeals' decision shall not preclude a defendant, ifhe is convicted, from requesting the Court of Appeals or Supreme Court ondirect appeal to reconsider an issue which was the subject of the pretrialappeal; 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 anappeal pursuant to 19.2-398, in which the Supreme Court determines on apetition for review that the decision of the Court of Appeals involves asubstantial constitutional question as a determinative issue or matters ofsignificant precedential value, review may be had in the Supreme Court inaccordance with the provisions of 17.1-411.

(1983, c. 413, 17-116.07; 1984, c. 701; 1987, c. 710; 1988, c. 873; 1998,c. 872; 2000, c. 830.)

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