Jurisdiction Flashcards
What is the SMJ of the GDC?
Is not a court of record.
- All violations of municipal and county ordinances (including DUI)
- Preliminary examination of felony offenses, including
-bail determinations and
-preliminary hearings to determine probable cause. - No power to conduct jury trials
What is the SMJ of the CC?
Is a court of record.
- Felonies and misdemeanors, (Misdemeanors appealed from GDC are reviewed de novo.)
- Juvenile (aged 14 and older) felony matters
- Felony jury trials
- Appellate JDX over mismedmeanors tried to GDC and other lower courts
What is the SMJ of the Court of Appeals?
- Appeal as of right in criminal cases
- Original JDX over:
- Punish for contempt; and writs of habeas corpus, mandamus, prohibition
SMJ of the Supreme Court of VA
- Primarily serves as an appellate court. (The SC of VA has JDX to review any case filled as an appeal at its discretion or upon motion of court of appeals.
- JDX to issue writs of prohibition, mandamus, habeas corpus.
- JDX over petition for writ of actual innocence based on previously untested bio. evidence by persons convicted of a felony or adjudicated delinquent.
SMJ of the Juvenile and Dom. Rel. Court?
- Juveniles committing acts that would be misdemeanors if committed by an adult.
- Discretionary transfers - depends on D’s age and nature of felony.
- Preliminary hearing on serious felonies by juveniles aged 16 or 17.
4.
Appeal of Misdemeanor from GDC to CC
D has an absolute right of appeal, which must be made within 10 days of conviction.
The case is review de novo, or as if there had been no proceeding in the GDC.
Transfer from J&DR court to CC, generally.
Two critical factors for transfer:
1. the age of the D, and
2. the nature of the charge/offense.
Transfer is never available for D’s younger than 14 y/o.
Automatic transfer from J&DR court to CC.
D’s who are aged 16 or 17, who are charged with Murder or aggravated malicious wounding.
If the J&DR court makes a finding of probable cause at a prelim hearing, it must certify the case the CC.
No motion of any party is required.
When does the Commonwealth have the option to transfer a case from J&DR court to CC?
D’s aged 16 or 17, charged with violent offenses (e.g. rape, abduction, robbery, etc.) as well as third offense drug distribution felonies.
Upon CW’s motion, JDR conducts preliminary hearing, if court finds probably cause, it must certify the case to CC
When does the JDR court have discretion on certifying a case the CC?
Applies to any felony committed by juveniles 14 y/o or older.
The CW may request a transfer hearing.
After finding probable cause, the JDR court MAY transfer upon finding D is competent and not a “proper person” for trial and punishment as a juvenile.
The court may consider the non-exclusive, non-required list of factors including age, crim history, seriousness of the offense.
Venue General Rule
Venue can be proper in multiple courts, Venue is proper in any county or city where the offense occurred. This includes where any part of the offense occurred.
What is correct venue if the location of the crime is undetermined?
Venue is correct where:
1. the D resides;
2. the non-resident D was apprehended; OR
3. any related offense was comitted, if any non-resident D was no apprehended in VA.
What is the proper venue for a homicide if the location of the crime is unknown?
Venue is correct in the county of city where the body of the victim is found.
If the if victim was removed from VA for medical treatment prior to death and died outside VA, then the county or city from which the victim was removed is proper.
What is the procedure to change venue?
D may seek change of venue upon a motion for good cause (e.g. prejudice against the D in the venue prevent an unfair trial).
