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Virginia Code

Va. Code Ann. § 17.1-411 (2026)

Review by the Supreme Court

✓ current as of May 2026
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Except where the decision of the Court of Appeals is made final under § 17.1-410 or § 19.2-408, any party aggrieved by a final decision of the Court of Appeals, including the Commonwealth, may petition the Supreme Court for an appeal. The Commonwealth, or any county, city, or town, may also petition the Supreme Court for review pursuant to § 19.2-317. The granting of such petitions shall be in the discretion of the Supreme Court.

1983, c. 413, § 17-116.08; 1997, c. 358; 1998, c. 872.

Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 2006–2025 · leading case: Nobrega v. Com., 628 S.E.2d 922 (Va. 2006).
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Nobrega v. Com., 628 S.E.2d 922 (Va. 2006). · cites it 2× “We awarded Nobrega this appeal from the judgment of the Court of Appeals pursuant to Code § 17.1-411. Nobrega asserts three assignments of error.”
Com. v. Cary, 623 S.E.2d 906 (Va. 2006). · cites it 2× “The Court of Appeals reversed the convictions on the ground that the trial court erred in excluding evidence of Beekman's prior threats and acts of violence against Cary and in failing to grant her proffered jury instructions on self-defense, right-to-arm, and voluntary…”
Crawford v. Commonwealth, 686 S.E.2d 557 (Va. Ct. App. 2009). · cites it 2× “Nothing in this chapter shall affect the Commonwealth's right to appeal in civil matters or cases involving a violation of law relating to the state revenue or appeals pursuant to § 17.1-411 or subsection C of § 19.2-317.”
Spencer v. City of Norfolk, 628 S.E.2d 356 (Va. 2006). · cites it 2× “A judgment of the Court of Appeals is final under Code § 17.1-410 in traffic infraction and misdemeanor cases "where no incarceration is imposed.”
Rebh v. Cnty. Bd. of Arlington Cnty. (ORDER) (Va. 2024). · cites it 4× “Consistent with this tradition, Code § 17.1-411 permits only a “party aggrieved by a final decision of the Court of Appeals” to “petition the Supreme Court for an appeal.”
Bonanno v. Quinn, 299 Va. 722 (Va. 2021). · cites it 3× “Bonanno argues that the ruling was 2 We note that these motions appear to remain pending below.”
Rigney v. Cabell (W.D. Va. 2022). · cites it 3× “Va. Code § 17.1-411. The United States Supreme Court has held that appellate review as a matter of right is not required by due process.”
Moffett v. Clarke (W.D. Va. 2020). · cites it 2× “Va. Code Ann. § 17.1-411 . As to some kinds of claims, the petitioner must exhaust state court remedies by pursuing a state habeas petition, which he may file in the Circuit Court where he was convicted, with a subsequent appeal to the Supreme Court of Virginia, or he may file…”
Williams v. Rappahannock Cnty BOS (ORDER) (Va. 2025). · cites it 2× “See also Code § 17.1-411. Accordingly, the Court dismisses the above-styled appeal with prejudice.”
Perkins v. Commonwealth of Virginia (W.D. Va. 2019). “Code Ann, § 17.1-411. Perkins’ § 2254 petition also alleges that his trial counsel provided ineffective assistance—a claim that generally cannot be raised on direct appeal in Virginia and should be raised, instead, in a petition for a writ of habeas corpus.”
T. B. v. Alexandria Dep't of Human Servs. (Va. Ct. App. 2010). “08 (now Code § 17.1-411). Id. “We do not agree that the Commonwealth is aggrieved by the Court of Appeals’ ruling with respect to the issue of Harley’s entitlement to a free transcript of his suppression hearing.”
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