Supreme Court of Virginia - Jurisdiction of The Virginia Supreme Court

Jurisdiction of The Virginia Supreme Court

Although the Supreme Court of Virginia possesses both original and appellate jurisdiction, its primary function is to review decisions of lower courts, including the Court of Appeals, from which appeals have been allowed. Virginia does not allow an appeal to the Supreme Court as a matter of right except in cases involving the State Corporation Commission, the disbarment of an attorney, and review of the death penalty.

The court's original jurisdiction is limited to cases of habeas corpus (ordering one holding custody to produce the detained person before the court for the purpose of determining whether such custody is proper), mandamus (ordering the holder of an office to perform his duty), prohibition (ordering an action stopped in a lower court), and writs of actual innocence pursuant to Virginia's Code § 19.2–327.2. It also has original jurisdiction for challenges to decisions of the State Corporation Commission pursuant to Article IX of the Constitution of Virginia. The Supreme Court also has original jurisdiction in matters filed by the Judicial Inquiry and Review Commission relating to judicial censure, retirement, and removal of judges.

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