Virginia law outlines the procedures for pretrial appeals to the Court of Appeals, including petitions by the Commonwealth and cross appeals by the accused. The Court has 30 days to decide on these petitions after the opposition brief is filed or the deadline passes. Rehearing petitions are not allowed in pretrial appeals, and if denied, the case record is promptly returned to the trial court.
The Court of Appeals must grant or deny the pretrial appeal petition within 30 days after the brief in opposition is filed or the deadline for filing has passed.
No, petitions for rehearing are not permitted in any pretrial appeal under Virginia law.
If the appeal is denied, the Court's mandate issues immediately, and the record is returned to the trial court without delay.
The Commonwealth can petition for a pretrial appeal, and the accused can cross appeal, with procedures governed by specific Virginia statutes.