13.8 Delayed Appeals

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

13.8 DELAYED APPEALS

Sections 19.2-321.1 and 19.2-321.2 of the Virginia Code provide for delayed appeals to both the Supreme Court and the Court of Appeals. To be

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eligible for a delayed appeal, the appellant must allege that, due to error, neglect, or fault of counsel, the court reporter, or the circuit court, an appeal, in whole or in part, has (i) never been initiated; (ii) been dismissed for failure to adhere to proper form, procedure, or time limits; (iii) been dismissed in part because at...