13.2 The Virginia Court of Appeals

• Library: Defending Criminal Cases in Virginia (Virginia CLE) (2018 Ed.)

13.2 THE VIRGINIA COURT OF APPEALS

13.201 In General. The Court of Appeals consists of 11 judges elected by the legislature for eight-year terms. ⁵⁰ The court sits in panels of at

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least three judges at locations that the chief judge of the court designates. ⁵¹ The sites are to be selected so as to provide, insofar as feasible, convenient access to the various geographic areas of the Commonwealth. ⁵² Sites include Alexandria, Chesapeake, Richmond, and Salem. Membership on panels is rotated as practicable and each panel hears and determines cases independently of the others. ⁵³ Sessions of the court are scheduled by the chief judge as required to discharge expeditiously the business of the court. ⁵⁴

13.202 Jurisdiction in Criminal Cases. The Court of Appeals has jurisdiction to hear appeals from any final conviction in a circuit court of a traffic infraction or a crime, except where a sentence of death is imposed. ⁵⁵ It is assumed that the sentencing order of the circuit court is the order representing final conviction. ⁵⁶ The Court of Appeals also may hear appeals from judgments of the circuit court denying or fixing the amount and terms of bail. ⁵⁷ The procedure for filing pretrial and post-trial bail appeals may be found at Rule 5A:2(b) (pretrial) or Rule 5A:2(c) (post-trial).

Appeals lie to the Court of Appeals only from final orders of conviction. In a drug case, when the trial court finds the evidence...