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Virginia Code

Va. Code Ann. § 17.1-409 (2026)

Certification to the Supreme Court

✓ current as of May 2026
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A. In any case in which an appeal has been taken to or filed with the Court of Appeals, the Supreme Court in its discretion, on motion of the Court of Appeals, or on its own motion, may certify the case for review by the Supreme Court before it has been determined by the Court of Appeals. The effect of such certification shall be to transfer jurisdiction over the case to the Supreme Court for all purposes.

B. Such certification may be made only when, in its discretion, the Supreme Court determines that:

1. The case is of such imperative public importance as to justify the deviation from normal appellate practice and to require prompt decision in the Supreme Court; or

2. The docket or the status of the work of the Court of Appeals is such that the sound or expeditious administration of justice requires that jurisdiction over the case be transferred to the Supreme Court.

1983, c. 413, § 17-116.06; 1984, c. 701; 1998, c. 872.

Notes of Decisions
Cited in 27 cases, 1999–2017 · leading case: Juniper v. Com., 626 S.E.2d 383 (Va. 2006).
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Juniper v. Com., 626 S.E.2d 383 (Va. 2006). · cites it 2× “051424) to this Court under the provisions of Code § 17.1-409 for consolidation with the appeal of Juniper's capital murder convictions (Record No.”
Muhammad v. Com., 619 S.E.2d 16 (Va. 2005). · cites it 2× “On May 7, 2004, this Court certified Muhammad's appeals of his non-capital convictions under Code § 17.1-409 for consolidation with the appeals of his capital murder convictions and the review mandated by Code § 17.”
Nusbaum v. Berlin, 641 S.E.2d 494 (Va. 2007). · cites it 2× “We awarded Nusbaum an appeal, certified the appeal of his contempt of court conviction from the Court of Appeals to this Court pursuant to Code §§ 17.1-409(A) and -409(B)(2), and paired the two cases.”
Winston v. Com., 604 S.E.2d 21 (Va. 2004). · cites it 2× “The trial court imposed three death sentences, the sentences of imprisonment as fixed by the jury, as well as the fines imposed; however, the court suspended the imposition of fines.”
Burns v. Commonwealth, 541 S.E.2d 872 (Va. 2001). · cites it 2× “5, the trial court sentenced the defendant in accordance with the jury verdicts. Bums appealed his non-capital convictions to the Court of Appeals pursuant to Code § 17.”
Jackson v. Commonwealth, 590 S.E.2d 520 (Va. 2004). · cites it 2× “031518) to this Court under the provisions of Code § 17.1-409 for consolidation with the defendant’s appeal of his capital murder convictions (Record No.”
Powell v. Commonwealth, 552 S.E.2d 344 (Va. 2001). · cites it 2× “Powell’s appeal of his non-capital convictions was certified from the Court of Appeals, Code § 17.1-409, consolidated with his capital murder appeal, and the consolidated appeals were given priority on our docket.”
Petrosinelli v. PETA, 643 S.E.2d 151 (Va. 2007). · cites it 2× “00 to PETA, all of which were memorialized in an August 26, 2005 order.”
Johnson v. Commonwealth, 529 S.E.2d 769 (Va. 2000). · cites it 2× “After considering the pre-sentence report and victim impact statements, the trial court sentenced Johnson to life imprisonment on the rape charge and, in accordance with the jury verdict, to death on the capital murder charge. We consolidated the automatic review of Johnson’s…”
Edwards v. Vesilind, 790 S.E.2d 469 (Va. 2016). · cites it 2× “Before the Court of Appeals considered this matter, the parties filed a joint motion for certification to transfer the proceedings to this Court pursuant to Code § 17.1-409 (providing for expedited appeals when the case is of "such imperative public importance as to justify the…”
Morrisette v. Commonwealth, 569 S.E.2d 47 (Va. 2002). · cites it 2× “Code § 17.1-409. After considering the issues raised in Morrisette’s assignments of error and conducting our mandated review pursuant to Code § 17.”
Elliott v. Commonwealth, 593 S.E.2d 270 (Va. 2004). · cites it 2× “Elliott’s appeal of his non-capital convictions was certified from the Court of Appeals, Code § 17.1-409, consolidated with his capital murder appeal, and the consolidated appeals were given priority on our docket.”
Show all 27 citing cases →
— Va. Code Ann. § 17.1-409(A) — 8 cases
Nusbaum v. Berlin, 641 S.E.2d 494 (Va. 2007). “We awarded Nusbaum an appeal, certified the appeal of his contempt of court conviction from the Court of Appeals to this Court pursuant to Code §§ 17.1-409(A) and -409(B)(2), and paired the two cases.”
Petrosinelli v. PETA, 643 S.E.2d 151 (Va. 2007). “00 to PETA, all of which were memorialized in an August 26, 2005 order.”
Bailey v. Commonwealth, 529 S.E.2d 570 (Va. 2000).
Vinson v. Commonwealth, 522 S.E.2d 170 (Va. 1999).
HCA Health Servs. of Virginia, Inc. v. Levin, 530 S.E.2d 417 (Va. 2000).
— Va. Code Ann. § 17.1-409(B) — 1 case
DRHI, Inc. v. Hanback (Va. 2014).
— Va. Code Ann. § 17.1-409(B)(1) — 1 case
Landon T. A. Summers v. Marcia Lee Brown Summers (Va. Ct. App. 1999).
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