An appeal taken pursuant to § 19.2-398, including such an appeal in an aggravated murder case, shall lie to the Court of Appeals of Virginia.
No appeal shall be allowed the Commonwealth pursuant to subsection A of § 19.2-398 unless within seven days after entry of the order of the circuit court from which the appeal is taken, and before a jury is impaneled and sworn if there is to be trial by jury or, in cases to be tried without a jury, before the court begins to hear or receive evidence or the first witness is sworn, whichever occurs first, the Commonwealth files a notice of appeal with the clerk of the trial court. If the appeal relates to suppressed evidence, the attorney for the Commonwealth shall certify in the notice of appeal that the appeal is not taken for the purpose of delay and that the evidence is substantial proof of a fact material to the proceeding. All other requirements related to the notice of appeal shall be governed by Part Five A of the Rules of the Supreme Court. Upon the filing of a timely notice of appeal, the order from which the pretrial appeal is taken and further trial proceedings in the circuit court, except for a bail hearing, shall thereby be suspended pending disposition of the appeal.
An appeal by the Commonwealth pursuant to subsection C of § 19.2-398 shall be governed by Part Five A of the Rules of the Supreme Court.
1987, c. 710; 2003, c. 109; 2021, Sp. Sess. I, cc. 344, 345.
Notes of Decisions
Cited in
17
cases (
4 in the last 5 years), 1993–2023 · leading case:
West v. Commonwealth, 432 S.E.2d 730 (Va. Ct. App. 1993).
West v. Commonwealth, 432 S.E.2d 730 (Va. Ct. App. 1993).
· cites it 8× “Citing Code § 19.2-400, West contends that once the Commonwealth’s appeal was noted on July 9, 1991, the circuit court lacked jurisdiction to reconsider its order granting his motion to suppress.”
Commonwealth of Virginia v. Kenneth Darrell Jenkins, No. 0212182 (Va. Ct. App. July 10, 2018).
· cites it 18× “The notice of appeal was timely filed The filing of the notice of appeal in a pretrial appeal by the Commonwealth is governed by Code § 19.2-400. That section provides, in pertinent part, that 4 Unpublished opinions of this Court, while having no precedential value, are…”
Commonwealth of Virginia v. Rarmil Malick Coley Pettiford, No. 0786232 (Va. Ct. App. Oct. 24, 2023).
· cites it 8× “-2- At the next hearing, on March 1, 2023, the Commonwealth argued that Code § 19.2-400 required the court to suspend the cases while the Commonwealth’s appeals were pending.”
Commonwealth of Virginia v. Ra'Shard Marquis Jackson, No. 0787232 (Va. Ct. App. Oct. 24, 2023).
· cites it 8× “-2- At the next hearing, on March 1, 2023, the Commonwealth argued that Code § 19.2-400 required the court to suspend the cases while the Commonwealth’s appeals were pending.”
Commonwealth v. David Kurnard Hackett, No. 2594072 (Va. Ct. App. Mar. 11, 2008).
· cites it 10× “This appeal raises two issues: the first, raised sua sponte by this Court, is whether the Commonwealth’s failure to comply with the certification requirement of Code § 19.2-400 represented a jurisdictional defect requiring dismissal of the appeal; and the second, raised by the…”
Commonwealth of Virginia v. Damon Am-Juan Mosley, No. 1639131 (Va. Ct. App. Feb. 11, 2014).
· cites it 10× “See Code § 19.2-400 (requiring the Commonwealth to file its notice of appeal “within seven days after entry of the order of the circuit court from which the appeal is taken”).”
Commonwealth of Virgina v. Guy Douglas Dubois, Jr., No. 0944154 (Va. Ct. App. Nov. 10, 2015).
· cites it 10× “-2- comply with the requirements of Rule 5A:6 and Code § 19.2-400. Specifically, Dubois contends that the June 2 notice of appeal is deficient because it was not timely filed and because it was not signed by the attorney for the Commonwealth.”
Commonwealth of Virginia v. Christopher Neil Dotson, No. 1341223 (Va. Ct. App. Feb. 7, 2023).
· cites it 5× “Code § 19.2-400 requires that the Commonwealth’s notice of appeal is filed “within seven days after entry of the order of the circuit court from which the appeal is taken.”
Commonwealth of Virginia v. Eric Tremaine Williams, Jr., No. 0849192 (Va. Ct. App. Oct. 29, 2019).
· cites it 4× “2-398(A)(2); Code § 19.2-400 (“Upon the filing of a timely notice of appeal, the order from which the pretrial appeal is taken and further trial proceedings in the circuit court, except for a bail hearing, shall thereby be suspended pending disposition of the appeal.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.