Va. Code » Title 19.2. Criminal Procedure » Chapter 19. Exceptions and Writs of Error
Virginia Code

Va. Code Ann. § 19.2-317.1 (2026)

Repealed

✓ current as of May 2026
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Repealed by Acts 1990, c. 74.

Notes of Decisions
Cited in 39 cases (5 in the last 5 years), 1985–2025 · leading case: Hill v. Commonwealth, 379 S.E.2d 134 (Va. Ct. App. 1989).
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Hill v. Commonwealth, 379 S.E.2d 134 (Va. Ct. App. 1989). · cites it 104× “Perhaps in response to Walker , Code § 19.2-317.1 was enacted in 1985: A claim of ineffective assistance of counsel may be raised on direct appeal if assigned as error and if all matters relating to such issues are fully contained within the record of the trial.”
Mu'Min v. Commonwealth, 389 S.E.2d 886 (Va. 1990). · cites it 12× “However, [Code § 19.2-317.1] does not say that we can proceed where there is partial evidence of ineffectiveness.”
Frye v. Commonwealth, 345 S.E.2d 267 (Va. 1986). · cites it 6× “INEFFECTIVE ASSISTANCE OF COUNSEL Pursuant to Code § 19.2-317.1, 7 effective July 1, 1985, the issue of ineffective assistance of counsel in a criminal proceeding is now a proper subject for review on direct appeal.”
Manneh Vay v. Commonwealth of Virginia, 795 S.E.2d 495 (Va. Ct. App. 2017). · cites it 2× “Code § 19.2-317.1, which allowed direct appeal of such claims under certain circumstances, was repealed in 1990.”
Hoke v. Commonwealth, 377 S.E.2d 595 (Va. 1989). · cites it 4× “” In our order of appointment we directed counsel to determine whether “ ‘all matters relating to such issue [of ineffectiveness] are fully contained within the record of the trial,’ Code § 19.2-317.1,” and, if so, to pursue the claim in this appeal, and, if not, to so report to…”
Brown v. Commonwealth, 380 S.E.2d 8 (Va. Ct. App. 1989). · cites it 2× “Concerning appellant’s claim that his counsel was ineffective for failing to object to the admission in evidence of the confession, Code § 19.2-317.1 provides that an ineffectiveness of counsel claim can be raised on direct appeal only “if all matters relating to such issue are…”
Payne v. Commonwealth, 364 S.E.2d 765 (Va. Ct. App. 1988). · cites it 8× “The Commonwealth contends that Payne’s claim of ineffective counsel is not cognizable by direct appeal pursuant to Code § 19.2-317.1 because all matters relating to his claim are not fully contained in the record.”
Johnson v. Commonwealth, 529 S.E.2d 769 (Va. 2000). · cites it 2× “74 (repealing Code § 19.2-317.1, which provided for direct appeal of certain ineffective assistance of counsel claims); see also Walker v.”
Correll v. Commonwealth, 352 S.E.2d 352 (Va. 1987). · cites it 2× “6 Code § 19.2-317.1 provides: A claim of ineffective assistance of counsel may be raised on direct appeal if assigned as error and if all matters relating to such issue are fully contained within the record of the trial.”
Smith v. Commonwealth, 389 S.E.2d 871 (Va. 1990). · cites it 2× “Boatwright to pursue the claim if, pursuant to Code § 19.2-317.1, “ ‘all matters relating to such issue [of ineffectiveness] are fully contained within the record of the trial,’ ” and, if not, to so report to this Court.”
Payne v. Commonwealth, 357 S.E.2d 500 (Va. 1987). · cites it 2× “Code § 19.2-317.1 provides that claims of ineffective assistance of counsel may be raised on direct appeal “if all matters relating to such issue are fully contained within the record of the trial.”
Dowell v. Commonwealth, 351 S.E.2d 915 (Va. Ct. App. 1987). · cites it 4× “” Code § 19.2-317.1. This legislative change creates no new substantive rights.”
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