Bill Text: VA HB2438 | 2011 | Regular Session | Chaptered
Bill Title: Criminal cases; delayed appeal.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-03-18 - Governor: Acts of Assembly Chapter text (CHAP0278) [HB2438 Detail]
Download: Virginia-2011-HB2438-Chaptered.html
Be it enacted by the General Assembly of Virginia: 1. That §§ 19.2-321.1 and 19.2-321.2 of the Code of Virginia are amended and reenacted as follows: § 19.2-321.1. Motion in the Court of Appeals for delayed appeal in criminal cases. A. Filing and content of motion. - When, due to the error,
neglect, or fault of counsel representing the appellant, or of the court
reporter, or of the circuit court or an officer or employee thereof, an appeal
in a criminal case has B. Service, response, and disposition. - Such motion shall be served on the attorney for the Commonwealth or, if a petition for appeal was granted in the original attempt to appeal, upon the Attorney General, in accordance with the Rules of the Supreme Court. If the Commonwealth disputes the facts alleged in the motion, or contends that those facts do not entitle the appellant to a delayed appeal under this section, the motion shall be denied without prejudice to the appellant's right to seek a delayed appeal by means of petition for a writ of habeas corpus. Otherwise, the Court of Appeals shall, if the motion meets the requirements of this section, grant appellant leave to initiate or re-initiate pursuit of the appeal. C. Time limits when motion granted. - If the motion is granted, all computations of time under the Rules of the Supreme Court shall run from the date of the order of the Court of Appeals granting the motion, or if the appellant has been determined to be indigent, from the date of the order by the circuit court appointing counsel to represent the appellant in the delayed appeal, whichever is later. D. Applicability. - The provisions of this section shall not apply to cases in which the appellant is responsible, in whole or in part, for the error, neglect, or fault causing loss of the original opportunity for appeal, nor shall it apply in cases where the claim of error, neglect, or fault has already been alleged and rejected in a prior judicial proceeding. § 19.2-321.2. Motion in the Supreme Court for delayed appeal in criminal cases. A. Filing and content of motion. - When, due to the error,
neglect, or fault of counsel representing the appellant, or of the court
reporter, or of the Court of Appeals or the circuit court or an officer or
employee of either, an appeal from the Court of Appeals to the Supreme Court in
a criminal case has B. Service, response, and disposition. - Such motion shall be served on the attorney for the Commonwealth or, if a petition for appeal was granted in the Court of Appeals or in the Supreme Court in the original attempt to appeal, upon the Attorney General, in accordance with Rule 5:4 of the Supreme Court. If the Commonwealth disputes the facts alleged in the motion, or contends that those facts do not entitle the appellant to a delayed appeal under this section, the motion shall be denied without prejudice to the appellant's right to seek a delayed appeal by means of petition for a writ of habeas corpus. Otherwise, the Supreme Court shall, if the motion meets the requirements of this section, grant appellant leave to initiate or re-initiate pursuit of the appeal from the Court of Appeals to the Supreme Court. C. Time limits when motion granted. - If the motion is granted, all computations of time under the Rules of the Supreme Court shall run from the date of the order of the Supreme Court granting the motion, or if the appellant has been determined to be indigent, from the date of the order by the circuit court appointing counsel to represent the appellant in the delayed appeal, whichever is later. D. Applicability. - The provisions of this section shall not apply to cases in which the appellant is responsible, in whole or in part, for the error, neglect, or fault causing loss of the original opportunity for appeal, nor shall it apply in cases where the claim of error, neglect, or fault has already been alleged and rejected in a prior judicial proceeding, nor shall it apply in cases in which a sentence of death has been imposed. |