Green v. Commonwealth, 557 S.E.2d 230 (Va. 2002). · Go Syfert
Green v. Commonwealth, 557 S.E.2d 230 (Va. 2002). Cases Citing This Book View Copy Cite
88 citation events (88 in the last 25 years) across 3 distinct courts.
Strongest positive: Mohamed v. Commonwealth (vactapp, 2010-04-20)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 31 distinct citers.
examined Cited as authority (verbatim quote) Mohamed v. Commonwealth (2×) also: Cited as authority (quoted)
Va. Ct. App. · 2010 · signal: see · quote attribution · 2 verbatim quotes · confidence high
a circuit court's jurisdiction to revoke a convict's probation and suspension of sentence is part of criminal process.
discussed Cited as authority (rule) Jamar Lafonz Hilliard v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
When probation is offered as an opportunity to avoid incarceration, and then a defendant violates probation, it makes sense that a probation violation hearing is not considered a new stage of a criminal prosecution, Green v. Commonwealth, 263 Va. 191, 195-96 (2002), or a new criminal conviction, Merritt v. Commonwealth, 32 Va. App. 506, 509 (2000).
cited Cited as authority (rule) Travis Aaron Ball v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Moreover, while “a revocation hearing is not a stage of a criminal prosecution . . . such revocation hearing is nevertheless a criminal proceeding.” Green v. Commonwealth, 263 Va. 191, 195-96 (2002).
discussed Cited as authority (rule) Leroy Vanmeter, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Subsection A permits an appeal to this Court “from final criminal convictions and from action on motions filed and disposed of while the trial court retains jurisdiction over the case.” Green v. Commonwealth, 263 Va. 191, 194 (2002) (emphasis added) (quoting Commonwealth v. Southerly, 262 Va. 294, 299 (2001)).
discussed Cited as authority (rule) Anthony Tyrone Reese v. Commonwealth of Virginia (2×) also: Cited "see, e.g."
Va. Ct. App. · 2024 · confidence medium
Id. at 267 (second alteration in original) (quoting Green v. Commonwealth, 263 Va. 191, 194 (2002)).
discussed Cited as authority (rule) Paul Sylvester Martin, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
It is well-established, however, that “[a]lthough a probation revocation hearing is a criminal proceeding, it is not ‘a stage of a criminal prosecution.’” Alsberry, 39 Va. App. at 318 (quoting Green v. Commonwealth, 263 Va. 191, 195 (2002)).
discussed Cited as authority (rule) Justin Michael Kelley v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2022 · confidence medium
Cilwa, 298 Va. at 267 (second alteration in original) (quoting Green v. Commonwealth, 263 Va. 191, 194 (2002)).
discussed Cited as authority (rule) Commonwealth of Virginia v. Devin Denny
Va. Ct. App. · 2022 · confidence medium
In Dorsey v. Commonwealth, 32 Va. App. 154, 168 (2000), we noted, “The Supreme Court of Virginia has held that bail can be revoked upon a finding of probable cause to believe that, among other things, the accused is a danger to society.” We further noted that “[i]f an application for bail, i.e., release from custody, can be denied upon a finding of probable cause to believe that the accused will not appear or will constitute an unreasonable danger while at liberty, bail can be revoked upon such a finding.” Id. (quoting Heacock v. Commonwealth, 228 Va. 235, 240 (1984), overruled in part…
cited Cited as authority (rule) Jessica Ann McCauley v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
Id. at 267 (second alteration in original) (quoting Green v. Commonwealth, 263 Va. 191, 194 (2002)).
cited Cited as authority (rule) Richard Roosevelt Hill v. Commonwealth of Virginia
Va. Ct. App. · 2021 · confidence medium
That jurisdiction is based on Code § 19.2-306 . . . .” Green v. Commonwealth, 263 Va. 191, 194 (2002).
discussed Cited as authority (rule) Wendy Church Green v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2020 · confidence medium
In addition, the power of the courts to revoke suspensions and probation for breach of conditions must not be restricted beyond the statutory limitations.” Briggs v. Commonwealth, 21 Va. App. 338, 344 (1995) (quoting Grant v. Commonwealth, 223 Va. 680, 684 (1982)). -4- suspension of sentence is part of [the] criminal process.’” Id. (alteration in original) (quoting Green v. Commonwealth, 263 Va. 191, 194 (2002)).
discussed Cited as authority (rule) Cilwa v. Commonwealth
Va. · 2019 · confidence medium
Code § 17.1-513 grants circuit courts “original and general jurisdiction” over “criminal” cases “in which an appeal may be had to the Supreme Court.” A Virginia court’s “jurisdiction to revoke a convict’s probation and suspension of sentence is part of [the] criminal process.” Green v. Commonwealth, 263 Va. 191, 194 (2002); see Richardson v. Commonwealth, 131 Va. 802, 807-08 (1921). 3 3 A post-conviction revocation proceeding, however, “is not a stage of a criminal prosecution.” Johnson v. Commonwealth, 296 Va. 266 , 275 (2018) (emphasis added) (quoting Gagnon v. Scarp…
discussed Cited as authority (rule) Dorothy Elizabeth Cilwa v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
Due to the authority granted by Code § 19.2-306, the circuit court here “retained jurisdiction over the suspended portion of [the appellant’s] sentence on the [2008] grand larceny conviction during the [one]-year period of [her] probation,” which ended on August 14, 2009, “and for one year thereafter.”5 See Green v. Commonwealth, 263 Va. 191, 195 , 557 S.E.2d 230, 232 (2002).
discussed Cited as authority (rule) Owen Franklin Silvious v. Commonwealth of Virginia
Va. Ct. App. · 2017 · confidence medium
We further recognized that proceedings for the revocation of probation and suspension of sentence “are part of the criminal process entrusted to the circuit courts by the General Assembly.” Id. (citing Green v. Commonwealth, 263 Va. 191, 194 , 557 S.E.2d 230, 232 (2002)); see Code §§ 19.2-304, -306.
discussed Cited as authority (rule) William Lee Whiting v. Commonwealth of Virginia
Va. Ct. App. · 2016 · confidence medium
Although a revocation hearing “occur[s] after a criminal prosecution has ended in a conviction,” Henderson v. Commonwealth, 285 Va. 318 , 325, 736 S.E.2d 901 , 905 (2013), it is nevertheless a part of the “criminal process,” Green v. Commonwealth, 263 Va. 191, 194 , 557 S.E.2d 230, 232 (2002).
discussed Cited as authority (rule) Jeffrey Alan Hurly, s/k/a Jefferey Allen Hurley v. Commonwealth of Virginia
Va. Ct. App. · 2013 · confidence medium
While a revocation proceeding is a part of the “criminal process,” Green v. Commonwealth, 263 Va. 191, 194 , 557 S.E.2d 230, 232 (2002), “[b]oth the United States 5 On February 22, 2010 the attorney who represented appellant at the revocation hearing was permitted to withdraw, and another attorney was appointed to represent appellant in the matter. -4- Supreme Court and this Court have previously indicated . . . revocation hearings are not a stage of criminal prosecution . . . ,” Davis v. Commonwealth, 12 Va. App. 81, 84 , 402 S.E.2d 684, 686 (1991) (citing Gagnon v. Scarpelli, 411 U.S…
examined Cited as authority (rule) Daily Press, Inc. v. Commonwealth (6×) also: Cited "see, e.g."
Va. Ct. App. · 2012 · confidence medium
Id. at 194, 557 S.E.2d at 232 (emphasis added).
discussed Cited as authority (rule) Downey v. Commonwealth
Va. Ct. App. · 2011 · confidence medium
As Downey correctly notes, a revocation hearing is a “criminal proceeding,” Green v. Commonwealth, 263 Va. 191, 196 , 557 S.E.2d 230, 233 (2002), for which a criminal defendant “is entitled to a judicial hearing,” Slayton, 185 Va. at 365 , 38 S.E.2d at 483 .
discussed Cited as authority (rule) Wright v. Commonwealth (2×)
Va. Ct. App. · 2008 · confidence medium
Co. v. Dept. of Transp., 269 Va. 362, 367 , 611 S.E.2d 356, 359 (2005); Green v. Commonwealth, 263 Va. 191, 194 , 557 S.E.2d 230, 232 (2002); James v. Arlington County Bd. of Supervisors, 226 Va. 284, 289 , 307 S.E.2d 900, 903 (1983); Hanger v. Commonwealth, 107 Va. 872, 873 , 60 S.E. 67, 67 (1908); Uninsured Employers' Fund v. Kramer, 32 Va. App. 77, 82 , 526 S.E.2d 304, 306 (2000); White v. Garraghty, 2 Va.App. 117, 118 , 341 S.E.2d 402, 403 (1986).
discussed Cited as authority (rule) Pierce v. Commonwealth
Va. Ct. App. · 2006 · confidence medium
While a revocation hearing is a criminal proceeding, it “is not a stage of a criminal prosecution, and thus does not afford a convict all rights attending a criminal prosecution.” Green v. Commonwealth, 263 Va. 191, 195-96 , 557 S.E.2d 230, 233 (2002) (citing Gagnon v. Scarpelli, 411 U.S. 778, 782 , 93 S.Ct. 1756, 1759-60 , 36 L.Ed.2d 656 (1973)).
discussed Cited as authority (rule) Wilson v. Commonwealth (2×)
Va. Ct. App. · 2005 · confidence medium
The defendant alleged a violation of Canon 3(E)(1)(b), which requires a judge to disqualify himself if “[t]he judge served as a lawyer in the matter in controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter.” Citing its holding in Green v. Commonwealth, 263 Va. 191, 195-96 , 557 S.E.2d 230, 233 (2002), the Court explained that the trial judge committed no violation of this Canon because a probation revocation hearing, while a criminal proceeding, is not a stage of a criminal prosecution.
discussed Cited as authority (rule) Jaccard v. Commonwealth
Va. · 2004 · confidence medium
In reaching that conclusion, we held that "[a]lthough a probation revocation hearing is not a stage of a criminal prosecution, and thus does not afford a convict all rights attending a criminal prosecution, such revocation hearing is nevertheless a criminal proceeding." 263 Va. at 195 -96 , 557 S.E.2d at 233 (citation omitted).
discussed Cited as authority (rule) Commonwealth v. Jackson
Va. · 2004 · confidence medium
In Green v. Commonwealth, 263 Va. 191, 195-96 , 557 S.E.2d 230, 233 (2002), we held that, in Virginia, while a probation revocation hearing is a criminal proceeding, it “is not a stage of a criminal prosecution.” See also Gagnon v. Scarpelli, 411 U.S. 778, 782 (1973).
discussed Cited as authority (rule) Word v. Commonwealth (2×)
Va. Ct. App. · 2003 · confidence medium
“Although a probation violation hearing is not a stage of a criminal prosecution, and thus does not afford a convict all rights attending a criminal prosecution, such revocation hearing is nevertheless a criminal proceeding[,]” Green v. Commonwealth, 263 Va. 191, 195-96 , 557 S.E.2d 230, 233 (2002) (citations omitted), which carries significant penal consequences.
cited Cited as authority (rule) Alsberry v. Commonwealth
Va. Ct. App. · 2002 · confidence medium
Although a probation revocation hearing is a criminal proceeding, it is not “a stage of a criminal prosecution.” Green v. Commonwealth, 263 Va. 191, 195-96 , 557 S.E.2d 230, 233 (2002).
discussed Cited as authority (rule) Timothy Alan Pearson, Sr. v. Commonwealth of VA
Va. Ct. App. · 2002 · confidence medium
Jurisdiction over the appeal of an order revoking a previously suspended sentence "lies within the Court of Appeals' jurisdiction under Code § 17.1-406(A).” Green v. Commonwealth, 263 Va. 191, 194 , 557 S.E.2d 230, 232 (2002).
cited Cited "see" Hannah v. Commonwealth
Va. · 2024 · signal: see · confidence high
See Green v. Commonwealth, 263 Va. 191 (2002). 7 proceedings, and whether Code § 19.2-306(C) can be applied retroactively to conduct occurring before July 2021.
cited Cited "see" Hannah v. Commonwealth
Va. · 2024 · signal: see · confidence high
See Green v. Commonwealth, 263 Va. 191 (2002). 7 proceedings, and whether Code § 19.2-306(C) can be applied retroactively to conduct occurring before July 2021.
discussed Cited "see" Alfonso Louis Hardy v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2014 · signal: see · confidence high
See id. (“A circuit court’s jurisdiction to revoke a convict’s probation and suspension of sentence is part of [the] criminal process.” (citing Green v. Commonwealth, 263 Va. 191, 194 , 557 S.E.2d 230, 232 (2002))).
examined Cited "see" Anna G. Gianaris v. John P. Gianaris (3×)
Va. Ct. App. · 2010 · signal: see · confidence high
See Green v. Commonwealth, 37 Va. App. 92 , 94 n.2, 554 S.E.2d 108 , 109 n.2 (2001) (en banc), rev’d on other grounds, 263 Va. 191 , 557 S.E.2d 230 (2002).
discussed Cited "see, e.g." Green v. Hurt
W.D. Va. · 2021 · signal: see, e.g. · confidence medium
See, e.g., Green v. Commonwealth, 557 S.E.2d 230, 232 (Va. 2002) (court of appeals had jurisdiction over appeal from circuit court judgment revoking probation and imposing previously suspended sentence).
Demarco Antonio Green
v.
Commonwealth of Virginia
Record 012418.
Supreme Court of Virginia.
Jan 17, 2002.
557 S.E.2d 230
S. Jane Chittom, Appellate Defender (Joseph R. Winston, on brief), for appellant., Leah A. Darron, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.
Keenan.
Cited by 37 opinions  |  Published
2 passages pin-cited by 4 cases
Pinpoint authority: bottom 92%
Citer courts: Court of Appeals of Virginia (5)
JUSTICE KEENAN

delivered the opinion of the Court.

The dispositive issue before us is whether an appeal from a circuit court order revoking a defendant’s probation initially lies within the jurisdiction of this Court or the Court of Appeals.

In September 2000, Demarco A. Green was convicted in the Circuit Court of the City of Portsmouth of grand larceny, in violation of[*193] Code § 18.2-95. The circuit court sentenced Green to a term of three years’ imprisonment and suspended two years and nine months of that sentence conditioned, in part, on Green’s completion of a two-year period of supervised probation.

On October 4, 2000, Green signed a form setting forth conditions of probation, which provided, among other things, that Green would “obey all Municipal, County, State and Federal laws and ordinances.” That same day, Green was arrested and charged with felonious assault of a law enforcement officer, in violation of Code § 18.2-57. Green was convicted of this offense and was sentenced to serve a term of seven months’ imprisonment.

In March 2001, the circuit court held a revocation hearing on the grand larceny conviction. Green moved to strike the Commonwealth’s evidence of the felonious assault conviction, arguing that the Commonwealth failed to prove that he signed the probation conditions form before he committed the felonious assault. The circuit court denied Green’s motion, found him guilty of violating the terms of his probation, and revoked the suspension of the two year and nine month portion of his sentence. Green appealed from this judgment to the Court of Appeals.

Relying on our recent decision in Commonwealth v. Southerly, 262 Va. 294, 551 S.E.2d 650 (2001), the Court of Appeals held that it did not have jurisdiction to consider Green’s appeal and transferred the appeal to this Court under Code § 8.01-677.1. Green v. Commonwealth, 37 Va. App. 92, 93, 97, 554 S.E.2d 108, 109, 111 (2001). In Southerly, a petitioner filed a motion seven years after his conviction as an adult in a circuit court, alleging that his conviction was void because the juvenile and domestic relations district court had failed to comply with the notice requirements of former Code §§ 16.1-263 and -264. * We concluded that the Court of Appeals lacked jurisdiction to consider the petitioner’s appeal from the circuit court’s denial of his motion. Southerly, 262 Va. at 299, 551 S.E.2d at 653. We explained that the motion to vacate his criminal convictions was civil in nature because the motion was based on an allegation attacking[*194] the circuit court’s jurisdiction that was filed after the court no longer had jurisdiction over the case. Id.

In transferring the present appeal to this Court, the Court of Appeals also relied on dictum in Heacock v. Commonwealth, 228 Va. 235, 242, 321 S.E.2d 645, 649 (1984), in which we stated that proceedings to revoke probation are civil in nature. The Court of Appeals held that it lacked jurisdiction to consider Green’s appeal because the order revoking Green’s probation was not a criminal conviction, a motion resolved while the circuit court retained jurisdiction over a criminal case, or a civil case within the Court’s jurisdiction under Code § 17.1-405. Green, 37 Va. App. at 97, 554 S.E.2d at 111.

In considering Green’s appeal, we asked the parties to address the threshold issue whether initial jurisdiction over this appeal from the circuit court’s judgment properly lies in this Court or in the Court of Appeals. Both the Commonwealth and Green contend that the Court of Appeals has jurisdiction over Green’s appeal. They rely primarily on Code § 19.2-306 and our decision in Southerly, arguing that since the circuit court retained jurisdiction under Code § 19.2-306 to revoke the suspension of a portion of Green’s sentence, Green properly appealed to the Court of Appeals from the revocation of his suspended sentence. We agree with this argument.

In Southerly, we considered Code § 17.1-406(A), the statute governing the Court of Appeals’ appellate jurisdiction in criminal cases. We examined the provision in Code § 17.1-406(A) that “[a]ny aggrieved party may present a petition for appeal to the Court of Appeals from . . . any final conviction in a circuit court of ... a crime.” We explained that this statutory language limits the Court of Appeals’ appellate criminal jurisdiction “to appeals from final criminal convictions and from action on motions filed and disposed of while the trial court retains jurisdiction over the case.” Southerly, 262 Va. at 299, 551 S.E.2d at 653. We stated that such appeals are part of a process that “is purely criminal in nature.” Id.

A circuit court’s jurisdiction to revoke a convict’s probation and suspension of sentence is part of this purely criminal process. That jurisdiction is based on Code § 19.2-306, which provides in relevant part:

The court may, for any cause deemed by it sufficient which occurred at any time within the probation period, or if none, within the period of suspension fixed by the court, or if[*195] neither, within the maximum period for which the defendant might originally have been sentenced to be imprisoned, revoke the suspension of sentence and any probation, if the defendant be on probation, and cause the defendant to be arrested and brought before the court at any time within one year after the probation period, or if no probation period has been prescribed then within one year after the period of suspension fixed by the court, or if neither a probation period nor a period of suspension has been prescribed then within one year after the maximum period for which the defendant might originally have been sentenced to be imprisoned, whereupon, in case the imposition of sentence has been suspended, the court may pronounce whatever sentence might have been originally imposed.

Id.

Under this statute, the circuit court retained jurisdiction over the suspended portion of Green’s sentence on the grand larceny conviction during the two-year period of his probation and for one year thereafter. Thus, although the circuit court’s conviction and sentencing order of September 29, 2000 became final 21 days after it was entered under the provisions of Rule 1:1, the circuit court had jurisdiction over the suspended portion of Green’s sentence at the time it revoked Green’s probation on March 19, 2001. Because Green’s appeal of the revocation order is an appeal from an action taken while the circuit court retained jurisdiction over his sentence on the grand larceny conviction, his appeal lies within the Court of Appeals’ jurisdiction under Code § 17.1-406(A). See Southerly, 262 Va. at 299, 551 S.E.2d at 653.

We disagree with the Court of Appeals’ conclusion that a different result is required by our decision in Heacock. There, we held that while a forfeiture proceeding on a bond entered in a criminal case is a purely civil matter, the surety is entitled to due process protections of notice and a hearing prior to forfeiture. Heacock, 228 Va. at 241-42, 321 S.E.2d at 649. We also stated in dictum that proceedings to revoke probation are civil in nature. Id at 242, 321 S.E.2d at 649.

Our holding today is incompatible with this dictum, which we expressly reject. Although a probation revocation hearing is not a stage of a criminal prosecution, see Gagnon v. Scarpelli, 411 U.S. 778, 782 (1973), and thus does not afford a convict all rights attend[*196] ing a criminal prosecution, such revocation hearing is nevertheless a criminal proceeding. See Code § 19.2-306.

For these reasons, we will reverse the Court of Appeals’ transfer order and return Green’s appeal to the Court of Appeals for consideration under the Court’s appellate criminal jurisdiction set forth in Code § 17.1-406(A).

Reversed and returned.

*

In Southerly, the defendant’s motion to vacate was based on Commonwealth v. Baker, 258 Va. 1, 516 S.E.2d 219 (1999), (per curiam), aff’g Baker v Commonwealth, 28 Va. App. 306, 504 S.E.2d 394 (1998), in which we held that the failure to give notice to both parents of a juvenile of certain proceedings in the juvenile and domestic relations district court rendered void the juvenile’s later conviction on transfer of his case to the circuit court. See also Nelson v. Warden, 262 Va. 276, 285, 552 S.E.2d 73, 78 (2001).