17.1-406 - Petitions for appeal; cases over which Court of Appeals does not have jurisdiction.
§ 17.1-406. Petitions for appeal; cases over which Court of Appeals does nothave jurisdiction.
A. Any aggrieved party may present a petition for appeal to the Court ofAppeals from (i) any final conviction in a circuit court of a trafficinfraction or a crime, except where a sentence of death has been imposed,(ii) any final decision of a circuit court on an application for a concealedweapons permit pursuant to subsection D of § 18.2-308, (iii) any final orderof a circuit court involving involuntary treatment of prisoners pursuant to §53.1-40.1, or (iv) any final order for declaratory or injunctive relief under§ 57-2.02. The Commonwealth or any county, city or town may petition theCourt of Appeals for an appeal pursuant to this subsection in any case inwhich such party previously could have petitioned the Supreme Court for awrit of error under § 19.2-317. The Commonwealth may also petition the Courtof Appeals for an appeal in a criminal case pursuant to § 19.2-398.
B. In accordance with other applicable provisions of law, appeals liedirectly to the Supreme Court from a conviction in which a sentence of deathis imposed, from a final decision, judgment or order of a circuit courtinvolving a petition for a writ of habeas corpus, from any final finding,decision, order, or judgment of the State Corporation Commission, and fromproceedings under §§ 54.1-3935 and 54.1-3937. Complaints of the JudicialInquiry and Review Commission shall be filed with the Supreme Court ofVirginia. The Court of Appeals shall not have jurisdiction over any cases orproceedings described in this subsection.
(1984, c. 701, § 17-116.05:1; 1985, c. 371; 1987, cc. 707, 710; 1988, c. 873;1998, c. 872; 2007, c. 889.)