Court of Appeals of Virginia - Jurisdiction

Jurisdiction

The Court of Appeals has authority to hear appeals as a matter of right from:

• any final judgment, order, or decree of a circuit court involving affirmance or annulment of a marriage, divorce, custody, spousal or child support, or control or disposition of a child, as well as other domestic relations cases;
• any final decision of the Virginia Workers' Compensation Commission (a state agency responsible for handling workers' compensation claims);
• any final decision of a circuit court on appeal from a decision of an administrative agency (example: the Department of Health); and
• any interlocutory order granting, dissolving, or denying an injunction or adjudicating the principles of a cause in any of the cases listed above.

The Court of Appeals has authority to consider petitions for appeal from:

• final orders of conviction in criminal and traffic matters except where a death penalty is imposed.
• final decisions of a circuit court on an application for a concealed weapons permit.
• certain preliminary rulings in felony cases when requested by the Commonwealth.

The Court of Appeals has original jurisdiction to issue writs of mandamus, prohibition and habeas corpus in any case over which the Court would have appellate jurisdiction.

In addition, the Court of Appeals has original jurisdiction to issue a writ of actual innocence upon petition of a person who has been convicted of a felony upon a plea of not guilty.