Virginia Code
Va. Code Ann. § 16.1-269 (2026)
Repealed
✓ current as of May 2026
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Notes of Decisions
Cited in 60
cases, 1979–2020 · leading case: Novak v. Commonwealth, 457 S.E.2d 402 (Va. Ct. App. 1995).
Novak v. Commonwealth, 457 S.E.2d 402 (Va. Ct. App. 1995). “However, following an ore tenus hearing pursuant to Code § 16.1-269, [1] jurisdiction was transferred to the trial court for treatment of defendant as an adult.”
Jamborsky v. Baskins, 442 S.E.2d 636 (Va. 1994). “On July 31, 1992, after hearing evidence on these charges, the juvenile court found, pursuant to Code § 16.1-269(A)(3), that there was probable cause to believe that Baskins had committed an act that would be a felony if committed by an adult.”
Burfoot v. Commonwealth, 473 S.E.2d 724 (Va. Ct. App. 1996). “Thus, in a subsequent transfer hearing after the nolle prosequi of an indictment, the juvenile may be more or less amenable to treatment as a juvenile than at the time of an earlier certification hearing.”
Wright v. Commonwealth, 427 S.E.2d 379 (Va. 1993). “B Transfer Proceedings By order entered May 2, 1991, the juvenile and domestic relations district court (the juvenile court) transferred Wright to the circuit court pursuant to the provisions of Code § 16.1-269. 1 The juvenile court, based upon a study and report by a probation…”
In Re Baskins, 430 S.E.2d 555 (Va. Ct. App. 1993). “Date of Receipt Code § 16.1-269 provides the statutory scheme by which a child fifteen years of age or older and charged with an offense which, if committed by an adult, could be punishable by confinement in a state correctional facility, may be transferred by the juvenile court…”
Moore v. Commonwealth, 527 S.E.2d 406 (Va. 2000). “Former Code § 16.1-269, applied by the juvenile court in Moore's case, also provided for this transfer to the circuit court.”
Roach v. Dir., Dep't of Corr., 522 S.E.2d 869 (Va. 1999). “But it seems to me that the case, in meeting these standards [for transfer to the circuit court under former Code § 16.1-269], has to rest upon this statement being used in evidence, so that the statement, itself, is very essential and crucial.”
Tross v. Commonwealth, 464 S.E.2d 523 (Va. Ct. App. 1995). “Code § 16.1-269 was repealed in 1994. The juvenile transfer requirements are now contained in Code § 16.”
Hairfield v. Commonwealth, 376 S.E.2d 796 (Va. Ct. App. 1989). “1 At the conclusion of a hearing held pursuant to Code § 16.1-269, the juvenile court judge transferred *652 Hairfield to the circuit court for trial as an adult.”
Grogg v. Commonwealth, 371 S.E.2d 549 (Va. Ct. App. 1988). “Code § 16.1-269 embodies the statutory scheme for transferring jurisdiction from the juvenile court to the circuit court in those cases in which a child fifteen or more years of age is alleged to have committed an offense that would be a felony if committed by an adult and the…”
Rodriguez v. Commonwealth, 578 S.E.2d 78 (Va. Ct. App. 2003). “2d 379, 384 (1993), in which a juvenile challenged the transfer provisions of former Code § 16.1-269 on Eighth Amendment grounds.”
Cheeks v. Commonwealth, 459 S.E.2d 107 (Va. Ct. App. 1995). “On appeal, he contends that the trial court violated Code § 16.1-269 when it conducted a review of the juvenile court transfer hearing on October 27, 1993, without giving him any notice or opportunity to be heard and that such violation requires a remand to the juvenile court.”
— Va. Code Ann. § 16.1-269(A) — 13 cases
Novak v. Commonwealth, 457 S.E.2d 402 (Va. Ct. App. 1995). “However, following an ore tenus hearing pursuant to Code § 16.1-269, [1] jurisdiction was transferred to the trial court for treatment of defendant as an adult.”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
Hughes v. Commonwealth, 573 S.E.2d 324 (Va. Ct. App. 2002).
Tross v. Commonwealth, 464 S.E.2d 523 (Va. Ct. App. 1995). “Code § 16.1-269 was repealed in 1994. The juvenile transfer requirements are now contained in Code § 16.”
Wright v. Commonwealth, 427 S.E.2d 379 (Va. 1993). “B Transfer Proceedings By order entered May 2, 1991, the juvenile and domestic relations district court (the juvenile court) transferred Wright to the circuit court pursuant to the provisions of Code § 16.1-269. 1 The juvenile court, based upon a study and report by a probation…”
— Va. Code Ann. § 16.1-269(A)(3) — 5 cases
Roach v. Dir., Dep't of Corr., 522 S.E.2d 869 (Va. 1999). “But it seems to me that the case, in meeting these standards [for transfer to the circuit court under former Code § 16.1-269], has to rest upon this statement being used in evidence, so that the statement, itself, is very essential and crucial.”
Jamborsky v. Baskins, 442 S.E.2d 636 (Va. 1994). “On July 31, 1992, after hearing evidence on these charges, the juvenile court found, pursuant to Code § 16.1-269(A)(3), that there was probable cause to believe that Baskins had committed an act that would be a felony if committed by an adult.”
Hairfield v. Commonwealth, 376 S.E.2d 796 (Va. Ct. App. 1989). “1 At the conclusion of a hearing held pursuant to Code § 16.1-269, the juvenile court judge transferred *652 Hairfield to the circuit court for trial as an adult.”
Russell v. Commonwealth, 432 S.E.2d 12 (Va. Ct. App. 1993).
Commonwealth v. Eubanks, 26 Va. Cir. 344 (Charlottesville Cir. Ct. 1992).
— Va. Code Ann. § 16.1-269(A)(3)(a) — 1 case
Russell v. Commonwealth, 432 S.E.2d 12 (Va. Ct. App. 1993).
— Va. Code Ann. § 16.1-269(A)(3)(b) — 6 cases
Novak v. Commonwealth, 457 S.E.2d 402 (Va. Ct. App. 1995). “However, following an ore tenus hearing pursuant to Code § 16.1-269, [1] jurisdiction was transferred to the trial court for treatment of defendant as an adult.”
Tross v. Commonwealth, 464 S.E.2d 523 (Va. Ct. App. 1995). “Code § 16.1-269 was repealed in 1994. The juvenile transfer requirements are now contained in Code § 16.”
Hutcherson v. Commonwealth, 375 S.E.2d 403 (Va. Ct. App. 1989).
Kluis v. Commonwealth, 418 S.E.2d 908 (Va. Ct. App. 1992).
Rodriguez v. Commonwealth, 578 S.E.2d 78 (Va. Ct. App. 2003). “2d 379, 384 (1993), in which a juvenile challenged the transfer provisions of former Code § 16.1-269 on Eighth Amendment grounds.”
— Va. Code Ann. § 16.1-269(A)(3)(c) — 4 cases
Anderson v. Commonwealth, 436 S.E.2d 625 (Va. Ct. App. 1993).
Anderson v. Commonwealth, 421 S.E.2d 900 (Va. Ct. App. 1992).
Russell v. Commonwealth, 432 S.E.2d 12 (Va. Ct. App. 1993).
Anderson v. Com., 421 S.E.2d 900 (Va. Ct. App. 1992).
— Va. Code Ann. § 16.1-269(B) — 1 case
Commonwealth v. Adcock, 28 Va. Cir. 216 (Amherst Cir. Ct. 1992).
— Va. Code Ann. § 16.1-269(C) — 2 cases
Hairfield v. Commonwealth, 376 S.E.2d 796 (Va. Ct. App. 1989). “1 At the conclusion of a hearing held pursuant to Code § 16.1-269, the juvenile court judge transferred *652 Hairfield to the circuit court for trial as an adult.”
Commonwealth v. Adcock, 28 Va. Cir. 216 (Amherst Cir. Ct. 1992).
— Va. Code Ann. § 16.1-269(D) — 2 cases
Lampkins v. Commonwealth, 607 S.E.2d 722 (Va. Ct. App. 2005).
Hairfield v. Commonwealth, 376 S.E.2d 796 (Va. Ct. App. 1989). “1 At the conclusion of a hearing held pursuant to Code § 16.1-269, the juvenile court judge transferred *652 Hairfield to the circuit court for trial as an adult.”
— Va. Code Ann. § 16.1-269(E) — 31 cases
Jamborsky v. Baskins, 442 S.E.2d 636 (Va. 1994). “On July 31, 1992, after hearing evidence on these charges, the juvenile court found, pursuant to Code § 16.1-269(A)(3), that there was probable cause to believe that Baskins had committed an act that would be a felony if committed by an adult.”
In Re Baskins, 430 S.E.2d 555 (Va. Ct. App. 1993). “Date of Receipt Code § 16.1-269 provides the statutory scheme by which a child fifteen years of age or older and charged with an offense which, if committed by an adult, could be punishable by confinement in a state correctional facility, may be transferred by the juvenile court…”
Cheeks v. Commonwealth, 459 S.E.2d 107 (Va. Ct. App. 1995). “On appeal, he contends that the trial court violated Code § 16.1-269 when it conducted a review of the juvenile court transfer hearing on October 27, 1993, without giving him any notice or opportunity to be heard and that such violation requires a remand to the juvenile court.”
Novak v. Commonwealth, 457 S.E.2d 402 (Va. Ct. App. 1995). “However, following an ore tenus hearing pursuant to Code § 16.1-269, [1] jurisdiction was transferred to the trial court for treatment of defendant as an adult.”
Harris v. Commonwealth, 279 S.E.2d 395 (Va. 1981).
— Va. Code Ann. § 16.1-269(F) — 1 case
Novak v. Commonwealth, 457 S.E.2d 402 (Va. Ct. App. 1995). “However, following an ore tenus hearing pursuant to Code § 16.1-269, [1] jurisdiction was transferred to the trial court for treatment of defendant as an adult.”
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