This section outlines the procedures for filing a delayed appeal in Virginia's criminal cases, including the conditions under which the Supreme Court may grant such motions. It specifies time calculations for delayed appeals, exceptions where the provisions do not apply, and clarifies that the denial of certain writs by lower courts does not prevent their reconsideration by higher courts. Additionally, it addresses the suspension of judgment execution during appeals.
A delayed appeal allows an appellant to request the Supreme Court to review a case after the standard appeal period has passed, under certain conditions.
Yes, in Virginia, the execution of a judgment can be suspended during an appeal if the appeal is filed timely.
No, if a judge denies a writ of error, the Supreme Court can still grant it if deemed proper upon petition at its next term.
Yes, these provisions do not apply if the appellant is responsible for the error or neglect causing the loss of the original appeal opportunity, or if the error has already been addressed in a prior proceeding.