Briefs and Appendices of the Virginia Court of Appeals, 1984/2000

Access and use

Location of collection:
Library of Virginia
The Library of Virginia
800 East Broad Street
Richmond, VA 23219
Contact for questions and access:
POC: Archives Reference Services
Phone: (804) 692-3888

Summary

Creator:
Library of Virginia.

Background

Scope and content:

This series documents the arguments of cases on appeal from lower courts. This series consists of, but is not limited to briefs, appendices, petitions, and other legal documentation.

Biographical / historical:

The Court of Appeals of Virginia was created by the General Assembly in 1983. The Court of Appeals was established to serve as an intermediate appellate court to increase the appellate capacity of the court system, expedite appellate review, and alleviate the review of circuit court appeals on the Supreme Court. In 1982 the Judicial Council of Virginia proposed legislation for the creation intermediate court and in 1983 the General Assembly created the Court of Appeals, initially with ten judges. The number of judges was increased to eleven in 2000. In 2021 the General Assembly enacted legislation to increase the number of judges to seventeen in order to accommodate increased caseload.

The Court of Appeals of Virginia sits in panels made up of at least three judges. Panel participants are designated by the Chief Judge. Each panel independently hears and determines cases assigned. The court also sits en banc (as a whole) under special circumstances and these decisions overrule any previous decisions. The Court of Appeals reviews the decisions of lower courts, though certain cases go directly to the Supreme Court of Virginia. The Supreme Court possesses orgiginal jurisdiction over matters involving appeals from the State Corporation Commission, the Judicial Inquiry and Review Commission, attorney disciplinary proceedings, habeas corpus, and actual innocence claims based on biological testing.

Other appeals are brought to the Court of Appeals through a petition process. A petition is a formal written application to a court requesting judicial action, and is required prior to the court hearing pre-trial appeal of a criminal case, interlocutory appeals, appeals involving injunctions, and certain other cases. Each petition is referred to one or more judges of the Court and may be granted based on the record without oral arguments. If petitions are granted, a brief is filed by both parties and the clerk of the court refers the appeal to a panel of judges. If a petition is denied then the petitioner may appear before a panel and present oral arguments as to the validity of their appeal. The panel will either agree to deny the appeal and at such time will deliver a brief stating the reason why, ending the case. Decisions issued by the Court of Appeals of Virginia are by written opinion or order.

If the Court of Appeals rejects a petition for appeal, dismisses an appeal or decided an appeal, the decision is final in certain criminal cases, appeals involving involuntary treatment of prisoners, and appeals involving the denial of a concealed handgun permit. Cases may be transferred to the Supreme Court if certification is received before being determined by the Court of Appeals. Certification occurs only when a case is deemed of high public importance necessitating prompt judgment. Except where Court of Appeals decisions are final, any party aggrieved by a final decision of the Court of Appeals my petition the Supreme Court of Virginia for an appeal.

Effective 2021, the Court of Appeals of Virginia is comprised of seventeen judges, each elected to an eight year term by a majority of the members of the General Assembly. A Chief Judge is appointed by a majority vote of the judges of the Court of Appeals and serves a term of four years. The Chief Judge determines the geographic location in which the courts will operate for oral arguments, normally Alexandria, Chesapeake, Richmond and Salem. The clerk of the Court of Appeals receives, processes, and maintains the records of appeals and subsequent documents filed with the Court.

The Court of Appeals has the authority to hear appeals as a matter of right from: any final judgment, order or decree from a circuit court; any final order of conviction in a traffic or criminal matter; any final decision of the Virginia Workers' Compensation Commission; any final decision of a circuit court on appeal from a decision of an administrative agency or a grievance hearing decision; any final decision of a circuit court on an application for a concealed weapons permit; any final order of a circuit court involving involuntary medical or mental treatment of prisoners; and any order for declaratory or injunctive relief addressing whether a person's free exercise of religion has been burdened by the Commonwealth or local government. The Court has authority to consider petitions for appeal from: any order granting, dissolving, or denying an injunction; certain preliminary rulings in felony cases when requested by the Commonwealth; certain interlocutory orders; any pre-trial ruling granting or denying a plea of sovereign, absolute, or qualified immunity; and any order of consolidation or joinder in a case brought under the Multiple Claimants Litigation Act. The Court has original jurisdiction to issue writs of mandamus, prohibition and habeas corpus in any case over which it would have appellate jurisdiction, and to issue writs of innocence based on non-biological evidence upon petition of a person convicted of a felony.

Physical description:
944 cubic feet (944 boxes).