Introduction Flashcards
This guarantees the rights of the accused by generally paralleling the Bill of Rights.
The Virginia Constitution
Unanimous verdicts (are/are not) necessary in Virginia.
Are, although juries of less than 12 are permissble for nonfelonious offenses.
The Virginia Supreme Court is an appellate court except for….
original habeus corpus petitions.
What kinds of cases are automatically reviewed by the Virginia Supreme Court?
All criminal cases in which the death penalty is imposed.
All petitions for writ of habeus corpus in cases where the death penalty is imposed must be brought where?
In the Virginia Supreme Court.
Is there an appeal of right in Virginia crimonal cases?
No, except for when a death sentence is imposed. Persons convicted of a crime may petition the court of appeals for a discretionary review.
An interlocutory criminal appeal is only available under what circumstances in Virginia Courts?
When the Commonwealth permits an appeal in certain pretrial, pre-jeopardy rulings.
In what types of cases is there no appeal to the Virginia Supreme Court?
- Traffic infractions and misdemeanor cases where no incarceration is imposed
- Cases originating before any administrative agency or Indstrial Commision of Virginia
- Cases relating to family matters, and
- Pretrial appeal by the Commonwealth in felony cases and cross-appeals by a defendant (but, if convicted, the defendant may request reconsideration of the pretrial appeal issue by the S. Ct or Ct. App.)
What does the Virginia Court of Appeals have authority to do?
- Affirm, reverse, modify, etc., circuit court decisions or an award of the Industrial Commission.
- Punish for contempt
- Issue injunctions and writs of mandamus, prohibition, and habeas corpus (but only the circuit court that entered the original judgement of conviction may issue a writ of HC for a person held under crominal process)
When may the VA Supreme Court review a decision of the court of appeals?
If the decision involves a substantial constitutional qiestion or an issue of significant precedential value.
When does the VA Supreme Court typically review decision of the court of appeals?
When it certifies a question of law or the appeals decision involves a substantial constitutional question.
In a criminal case, how does the Commonwealth appeal to the Supreme Court?
It appeals through a writ of error to the court of appeal sexcept when the decision of the court of appeals is made final by statute (e.g. traffic and misdemeanor cases and certain pretrial rulings in felony cases.)
What court has original jurisdiction over felonies?
Circuit Courts
What court has original jurisdiction over indictments for misdemanors?
Circuit Courts
Virginia Circuit Courts are courts (of/not of) record in Virginia.
Of record
