SB1259: Criminal appeals; duties of the Attorney General and attorney for the Commonwealth.

Legislative Summary

Criminal appeals; duties of the Attorney General and attorney for the Commonwealth. Provides that in all criminal cases before the Court of Appeals or the Supreme Court of Virginia in which the Commonwealth is a party or is directly interested, the Attorney General shall appear and represent the Commonwealth upon receipt of the record in the appellate court. The bill provides that the attorney for the Commonwealth shall continue to represent the Commonwealth in any appeal regarding bail, bond, or recognizance before the Court of Appeals or the Supreme Court for which he was the prosecuting attorney. Under current law, the Attorney General assumes representation of the Commonwealth upon the filing of the notice of appeal. Criminal appeals; duties of the Attorney General and attorney for the Commonwealth. Provides that in all criminal cases before the Court of Appeals or the Supreme Court of Virginia in which the Commonwealth is a party or is directly interested, the Attorney General shall appear and represent the Commonwealth upon receipt of the record in the appellate court. The bill provides that the attorney for the Commonwealth shall continue to represent the Commonwealth in any appeal regarding bail, bond, or recognizance before the Court of Appeals or the Supreme Court for which he was the prosecuting attorney. Under current law, the Attorney General assumes representation of the Commonwealth upon the filing of the notice of appeal. The bill provides that the attorney for the Commonwealth shall represent the Commonwealth before the appellate courts on criminal pretrial petitions for appeal. The bill also provides that any appeal from any action collaterally attacking a criminal conviction lies directly to the Supreme Court. The bill eliminates the requirement that four copies of each brief shall be filed and three copies shall be mailed or delivered to opposing counsel on or before the date of filing in criminal pretrial appeals.