Virginia Code
Va. Code Ann. § 53.1-229 (2026)
Powers vested in Governor
✓ current as of May 2026
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In accordance with the provisions of Article V, Section 12 of the Constitution of Virginia, the power to grant pardons or reprieves is vested in the Governor.
Code 1950, § 53-228; 1970, c. 648; 1982, c. 636; 2021, Sp. Sess. I, cc. 344, 345.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1994–2026 · leading case: Du v. Commonwealth, 790 S.E.2d 493 (Va. 2016).
Du v. Commonwealth, 790 S.E.2d 493 (Va. 2016). “In this case, the statutory maximum sentences applicable to Du’s three criminal convictions — aggravated malicious wounding of his father, malicious wounding of his stepmother, and statutory rape of his half-sister — added up to life imprisonment plus 30 years.”
Fishback v. Commonwealth, 532 S.E.2d 629 (Va. 2000). “The majority recognizes that it would be unfair to the Commonwealth to instruct a jury that parole is no longer available in Virginia without also, in appropriate cases, advising the jury about geriatric release.”
Ohio Adult Parole Auth. v. Woodard, 523 U.S. 272 (1998). “V, § 12, Va. Code Ann. §§ 53.1-229 to 53.1-231 (1994); Wash.”
Copeland v. Commonwealth, 664 S.E.2d 528 (Va. Ct. App. 2008). “, or impinge upon the Governor’s exclusive power over executive clemency, Code § 53.1-229, et seq. Having independently examined the record presented to us, we conclude the unique circumstances of this case make it prudent to accept the Attorney General’s concession without…”
Gary Linwood Bush v. Commonwealth of Virginia, 813 S.E.2d 582 (Va. Ct. App. 2018). “, or impinge upon the Governor's exclusive power over executive clemency, Code § 53.1-229 , et seq. " Copeland v. Commonwealth , 52 Va.”
Snyder v. City of Alexandria, 870 F. Supp. 672 (E.D. Va. 1994). “This authority is codified at Va.Code § 53.1-229. 13 . For cases in which the Supreme Court of Virginia decided questions regarding pardons without reference to the reason for the pardon, see Prichard v.”
Satcher v. Netherland, 944 F. Supp. 1222 (E.D. Va. 1996). “See Va.Code § 53.1-229 to 231. There is, as Satcher asserts, some authority in the concurring opinions in Herrera that a truly persuasive demonstration of actual innocence would render an execution unconstitutional; and that, therefore, federal habe-as relief would be warranted…”
Cherrix v. Braxton, 131 F. Supp. 2d 756 (E.D. Va. 2000). “Moreover, “most of the Virginia proceedings than culminated in executive clemency began in court with successful requests for access to court exhibits containing critical biological evidence that was ultimately subjected to DNA testing.”
Graham v. Angelone, 73 F. Supp. 2d 629 (E.D. Va. 1999). ““The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Gary Linwood Bush v. Commonwealth of Virginia (Va. Ct. App. 2018). “, or impinge upon the Governor’s exclusive power over executive clemency, Code § 53.1-229, et seq.” Copeland v. Commonwealth, 52 Va.”
Gallop (W.D. Va. 2026). “See Va. Code Ann. § 53.1-229 (vesting power to grant pardons in the Governor); Gaston v.”
Royal v. Taylor (4th Cir. 1999). “See Va. Code Ann. §§ 53.1-229 to -231 (Michie 1998); Va.”
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