Va. Code » Title 19.2. Criminal Procedure » Chapter 11. Proceedings on Question of Insanity
Virginia Code

Va. Code Ann. § 19.2-176 (2026)

Repealed

✓ current as of May 2026
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Repealed by Acts 2010, cc. 340 and 406, cl. 2.

Notes of Decisions
Cited in 5 cases, 1999–2012 · leading case: Grattan v. Com., 685 S.E.2d 634 (Va. 2009).
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Grattan v. Com., 685 S.E.2d 634 (Va. 2009). · cites it 4× “*641 Prior to sentencing, Grattan filed a motion requesting the circuit court to order evaluations pursuant to Code §§ 19.2-176 (determination of insanity after conviction but before sentencing) and -169.”
Simerly v. Commonwealth, 514 S.E.2d 387 (Va. Ct. App. 1999). · cites it 30× “We affirm the trial court's refusal to order a mental examination pursuant to Code § 19.2-176; however, we reverse and remand for resentencing after the trial court's compliance with Code § 19.”
White v. Commonwealth, 616 S.E.2d 49 (Va. Ct. App. 2005). · cites it 8× “[1] He appeals his convictions maintaining the trial court erred in denying his motion for a continuance, in granting the Commonwealth's motion in limine, and in denying a motion that the defendant be confined in a mental hospital, pursuant to Code § 19.2-176(A), rather than…”
Orndorff v. Commonwealth, 613 S.E.2d 876 (Va. Ct. App. 2005). · cites it 4× “Code § 19.2-176 authorizes the trial court, at any time after conviction but before sentencing, to commit the defendant for a mental health evaluation if the judge "finds reasonable ground to question [the defendant's] mental state.”
Shawn Wesley Gill v. Commonwealth of Virginia (Va. Ct. App. 2012). · cites it 16× “On appeal, Gill argues that the circuit court erred in finding it could not sentence him to a psychiatric facility instead of a prison under Code § 19.2-176 (repealed 2010). For the following reasons, we affirm the order of the circuit court.”
Va. Code Ann. § 19.2-176(A): 3 cases
White v. Commonwealth, 616 S.E.2d 49 (Va. Ct. App. 2005). “[1] He appeals his convictions maintaining the trial court erred in denying his motion for a continuance, in granting the Commonwealth's motion in limine, and in denying a motion that the defendant be confined in a mental hospital, pursuant to Code § 19.2-176(A), rather than…”
Simerly v. Commonwealth, 514 S.E.2d 387 (Va. Ct. App. 1999). “We affirm the trial court's refusal to order a mental examination pursuant to Code § 19.2-176; however, we reverse and remand for resentencing after the trial court's compliance with Code § 19.”
Shawn Wesley Gill v. Commonwealth of Virginia (Va. Ct. App. 2012). “On appeal, Gill argues that the circuit court erred in finding it could not sentence him to a psychiatric facility instead of a prison under Code § 19.2-176 (repealed 2010). For the following reasons, we affirm the order of the circuit court.”
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