Va. Code » Title 19.2. Criminal Procedure » Chapter 25. Appeals by the Commonwealth
Virginia Code

Va. Code Ann. § 19.2-409 (2026)

Exclusion of pretrial appeal period from time within which accused must be tried; reconsideration of issues after conviction

✓ current as of May 2026
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This section applies only to pretrial appeals. The provisions of § 19.2-243 shall not apply to the period of time commencing when the Commonwealth's notice of pretrial appeal is filed pursuant to this chapter and ending 60 days after the Court of Appeals or Supreme Court issues its mandate disposing of the pretrial appeal. Such finality of the Court of Appeals' decision shall not preclude a defendant, if he is convicted, from requesting the Court of Appeals or Supreme Court on direct appeal to reconsider an issue which was the subject of the pretrial appeal.

1987, c. 710; 2003, c. 109; 2007, c. 414.

Notes of Decisions
Cited in 12 cases (6 in the last 5 years), 1995–2026 · leading case: Satchell v. Commonwealth, 460 S.E.2d 253 (Va. Ct. App. 1995).
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Satchell v. Commonwealth, 460 S.E.2d 253 (Va. Ct. App. 1995). · cites it 40× “On appeal from his resulting conviction of possession of cocaine and invoking Code § 19.2-409, Satchell contends that the cocaine and the circumstances of its discovery should have been excluded because they derived from an unlawful seizure of his person.”
Cole v. Commonwealth, 806 S.E.2d 387 (Va. 2017). · cites it 4× “Code § 19.2-409 concerns the finality of a decision in such a pretrial appeal: Such finality of the Court of Appeals' decision shall not preclude a defendant , if he is convicted, from requesting the Court of Appeals or Supreme Court on direct appeal to reconsider an issue which…”
Rayshawn Torrell Greer v. Commonwealth of Virginia, 796 S.E.2d 422 (Va. Ct. App. 2017). · cites it 2× “2-243 shall not apply to the period of time commencing when the Commonwealth’s notice of pretrial appeal is filed pursuant to this chapter and ending 60 days after the Court of Appeals or Supreme Court issues its mandate disposing of the pretrial appeal.”
Cherry v. Commonwealth, 462 S.E.2d 574 (Va. Ct. App. 1995). · cites it 4× “2d at 256 (quoting Code § 19.2-409). II. The magistrate may draw from the information presented by the affiant reasonable inferences that are based upon objective facts which will justify the issuance of the warrant.”
Commonwealth of Virginia v. Rarmil Malick Coley Pettiford (Va. Ct. App. 2023). · cites it 15× “We hold that the trial court misinterpreted the plain language of Code § 19.2-409, and we reverse the court’s ruling and remand the case.”
Commonwealth of Virginia v. Ra'Shard Marquis Jackson (Va. Ct. App. 2023). · cites it 15× “We hold that the trial court misinterpreted the plain language of Code § 19.2-409, and we reverse the court’s ruling and remand the case.”
Commonwealth of Virginia v. Amir Fareed Suluki (Va. Ct. App. 2019). · cites it 12× “2-243 shall not apply to the period of time commencing when the Commonwealth’s notice of pretrial appeal is filed pursuant to this chapter and ending 60 days after the Court of Appeals or Supreme Court issues its mandate disposing of the pretrial appeal.”
Jermaine Antoine Coleman v. Commonwealth of Virginia (Va. Ct. App. 2022). · cites it 2× “]” See also Code § 19.2-409 (same). Thus, upon direct appeal of appellant’s conviction, this Court is “authorized to reconsider the constitutionality” of the collection of evidence by the identifying information as a result of an illegal search and seizure, and he seeks to…”
Commonwealth of Virginia v. Antonio Victor Oliver, Jr. (Va. Ct. App. 2022). · cites it 2× “2-408 provides that no further pretrial appeal shall lie to the Virginia Supreme Court from this Court’s decision, Code § 19.2-409 provides that “[s]uch finality of the Court of Appeals’ decision shall not preclude a defendant, if he is convicted, from requesting the Court of…”
Commonwealth of Virginia v. Phillip Graham (Va. Ct. App. 2026). · cites it 2× “Code § 19.2-409 expressly provides that “[s]uch finality of the Court of Appeals’ decision shall not preclude a defendant, if he is convicted, from requesting the Court of Appeals or Supreme Court on direct appeal to reconsider an issue which was the subject of the pretrial…”
Zavia Raymon Murphy v. Commonwealth of Virginia (Va. Ct. App. 2024). “]” See also Code § 19.2-409 (same). Thus, this Court has authority to reconsider whether Murphy’s constitutional speedy trial rights were violated.”
Michael Shayne Brown v. Commonwealth (Va. Ct. App. 2008). “While we have the authority to reconsider an interlocutory appellate ruling, see Code § 19.2-409, this case presents no reason to reconsider, much less reverse, our decision in Brown I.”
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