Va. Code » Title 17.1. Courts of Record » Chapter 4. The Court of Appeals
Virginia Code

Va. Code Ann. § 17.1-406 (2026)

Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction

✓ current as of May 2026
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A. Any aggrieved party may appeal to the Court of Appeals from any final conviction in a circuit court of a traffic infraction or a crime. The Commonwealth or any county, city, or town may petition the Court of Appeals for an appeal pursuant to this subsection in any case in which such party previously could have petitioned the Supreme Court for a writ of error under § 19.2-317. The Commonwealth may also petition the Court of Appeals for an appeal in a criminal case pursuant to § 19.2-398.

B. In accordance with other applicable provisions of law, appeals lie directly to the Supreme Court from a final decision, judgment, or order of a circuit court involving a petition for a writ of habeas corpus; from any action collaterally attacking a criminal conviction, including a motion filed under § 8.01-428; from any final finding, decision, order, or judgment of the State Corporation Commission; and from proceedings under §§ 54.1-3935 and 54.1-3937. Complaints of the Judicial Inquiry and Review Commission shall be filed with the Supreme Court of Virginia. The Court of Appeals shall not have jurisdiction over any cases or proceedings described in this subsection.

1984, c. 701, § 17-116.05:1; 1985, c. 371; 1987, cc. 707, 710; 1988, c. 873; 1998, c. 872; 2007, c. 889; 2013, c. 746; 2019, c. 809; 2021, Sp. Sess. I, cc. 344, 345, 489; 2023, cc. 314, 315.

Notes of Decisions
Cited in 75 cases (23 in the last 5 years), 1999–2026 · leading case: Daily Press, Inc. v. Commonwealth, 725 S.E.2d 737 (Va. Ct. App. 2012).
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Daily Press, Inc. v. Commonwealth, 725 S.E.2d 737 (Va. Ct. App. 2012). · cites it 76× “JURISDICTION This Court's appellate jurisdiction in criminal matters is defined by Code § 17.1-406(A), which provides that "[a]ny aggrieved party may present a petition for appeal to the Court of Appeals from .”
Joaquin Shadow Rams, Sr., a/k/a, etc. v. Commonwealth of Virginia, 823 S.E.2d 510 (Va. Ct. App. 2019). · cites it 4× “See Code § 17.1-406(A)(i); see also Code § 17.”
Wright v. Commonwealth, 667 S.E.2d 787 (Va. Ct. App. 2008). · cites it 8× “Because an appeal to this Court lies from the final order of a circuit court, see Code § 17.1-406(A), the majority reasons that the error of the general district court fails to provide us with jurisdiction to reverse Wright's conviction.”
Green v. Commonwealth, 557 S.E.2d 230 (Va. 2002). · cites it 8× “In Southerly , we considered Code § 17.1-406(A), the statute governing the Court of Appeals’ appellate jurisdiction in criminal cases.”
Pritchett v. Commonwealth, 557 S.E.2d 205 (Va. 2002). · cites it 6× “Code § 17.1-406(A) gives the Court of Appeals appellate criminal jurisdiction over “any final conviction in a circuit court of .”
West v. Commonwealth, 597 S.E.2d 274 (Va. Ct. App. 2004). · cites it 4× “In fact, the petition that granted appellant leave to appeal specifically denied an appeal based on the trial court's alleged error in accepting "inadmissible" hearsay. Assignments of error in criminal appeals to this Court are considered for appeal only after the petition has…”
Moore v. Commonwealth, 722 S.E.2d 668 (Va. Ct. App. 2012). · cites it 8× “The jurisdiction of this Court is governed entirely by statute, and Code § 17.1-406(A) limits our appellate jurisdiction in criminal cases to cases involving final orders of conviction.”
Ghameshlouy v. Commonwealth, 675 S.E.2d 854 (Va. Ct. App. 2009). · cites it 8× “" Code § 17.1-406(A)(i). In its motion to dismiss, the Attorney General does not argue that this Court lacks subject matter jurisdiction.”
Steve Whitt v. Commonwealth of Virginia, 739 S.E.2d 254 (Va. Ct. App. 2013). · cites it 4× “Under Code § 17.1-406, petitions for appeal in this Court are limited to criminal cases.”
Franklin Minor v. Commonwealth of Virginia, 791 S.E.2d 757 (Va. Ct. App. 2016). · cites it 2× “Code § 17.1-406(A)(i) provides 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 traffic infraction or a crime, except where a sentence of death has been imposed.”
Randolph v. Commonwealth, 609 S.E.2d 84 (Va. Ct. App. 2005). · cites it 8× “Code § 17.1-406(A)(i) controls our appellate jurisdiction in criminal cases.”
Burns v. Commonwealth, 541 S.E.2d 872 (Va. 2001). · cites it 2× “Bums appealed his non-capital convictions to the Court of Appeals pursuant to Code § 17.1-406. We certified that appeal (Record No.”
Show all 75 citing cases →
— Va. Code Ann. § 17.1-406(A) — 30 cases
Wright v. Commonwealth, 667 S.E.2d 787 (Va. Ct. App. 2008). “Because an appeal to this Court lies from the final order of a circuit court, see Code § 17.1-406(A), the majority reasons that the error of the general district court fails to provide us with jurisdiction to reverse Wright's conviction.”
Green v. Commonwealth, 557 S.E.2d 230 (Va. 2002). “In Southerly , we considered Code § 17.1-406(A), the statute governing the Court of Appeals’ appellate jurisdiction in criminal cases.”
Pritchett v. Commonwealth, 557 S.E.2d 205 (Va. 2002). “Code § 17.1-406(A) gives the Court of Appeals appellate criminal jurisdiction over “any final conviction in a circuit court of .”
Moore v. Commonwealth, 722 S.E.2d 668 (Va. Ct. App. 2012). “The jurisdiction of this Court is governed entirely by statute, and Code § 17.1-406(A) limits our appellate jurisdiction in criminal cases to cases involving final orders of conviction.”
Jackson v. Commonwealth, 590 S.E.2d 520 (Va. 2004).
— Va. Code Ann. § 17.1-406(A)(i) — 11 cases
Daily Press, Inc. v. Commonwealth, 725 S.E.2d 737 (Va. Ct. App. 2012). “JURISDICTION This Court's appellate jurisdiction in criminal matters is defined by Code § 17.1-406(A), which provides that "[a]ny aggrieved party may present a petition for appeal to the Court of Appeals from .”
Joaquin Shadow Rams, Sr., a/k/a, etc. v. Commonwealth of Virginia, 823 S.E.2d 510 (Va. Ct. App. 2019). “See Code § 17.1-406(A)(i); see also Code § 17.”
Ghameshlouy v. Commonwealth, 675 S.E.2d 854 (Va. Ct. App. 2009). “" Code § 17.1-406(A)(i). In its motion to dismiss, the Attorney General does not argue that this Court lacks subject matter jurisdiction.”
Franklin Minor v. Commonwealth of Virginia, 791 S.E.2d 757 (Va. Ct. App. 2016). “Code § 17.1-406(A)(i) provides 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 traffic infraction or a crime, except where a sentence of death has been imposed.”
Randolph v. Commonwealth, 609 S.E.2d 84 (Va. Ct. App. 2005). “Code § 17.1-406(A)(i) controls our appellate jurisdiction in criminal cases.”
— Va. Code Ann. § 17.1-406(A)(ii) — 1 case
Daily Press, Inc. v. Commonwealth, 725 S.E.2d 737 (Va. Ct. App. 2012). “JURISDICTION This Court's appellate jurisdiction in criminal matters is defined by Code § 17.1-406(A), which provides that "[a]ny aggrieved party may present a petition for appeal to the Court of Appeals from .”
— Va. Code Ann. § 17.1-406(B) — 16 cases
Joaquin Shadow Rams, Sr., a/k/a, etc. v. Commonwealth of Virginia, 823 S.E.2d 510 (Va. Ct. App. 2019). “See Code § 17.1-406(A)(i); see also Code § 17.”
Bistro Manila, LLC v. Alvah I, LLC (Va. Ct. App. 2025).
Edwards v. Trent (W.D. Va. 2019).
Averette v. Unknown (W.D. Va. 2019).
Perkins v. Commonwealth of Virginia (W.D. Va. 2019).
— Va. Code Ann. § 17.1-406(a) — 1 case
Harris v. Commonwealth, 700 S.E.2d 475 (Va. Ct. App. 2010).
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