Government Appeals of Felony Cases
Amends
Article VI. Judiciary
Section 1. Judicial power; jurisdiction
Summary
This measure allows state government to appeal certain felony cases that have been dismissed before trial.
Shall the Constitution of Virginia be amended so that the state may be given a right to appeal certain preliminary dismissals and exclusions of evidence in felony cases?
NOTE: In 1985, the General Assembly passed enabling legislation for this amendment – BEFORE the second resolution was approved! It is unclear if the 1985 bill, H1600, would have actually authorized a referendum in 1986. However, the bill was rendered moot the following year, as the new enabling legislation listed below repealed H1600.
- First resolution – SJR53 – 1985
- Second resolution – HJR126 and SJR33– 1986
- Referendum legislation –S166 and H699– 1986
Article VI. Judiciary
Section 1. Judicial power; jurisdiction
The judicial power of the Commonwealth shall be vested in a Supreme Court and in such other courts of original or appellate jurisdiction subordinate to the Supreme Court as the General Assembly may from time to time establish. Trial courts of general jurisdiction, appellate courts, and such other courts as shall be so designated by the General Assembly shall be known as courts of record.
The Supreme Court shall, by virtue of this Constitution, have original jurisdiction in cases of habeas corpus, mandamus, and prohibition and in matters of judicial censure, retirement, and removal under Section 10 of this article. All other jurisdiction of the Supreme Court shall be appellate. Subject to such reasonable rules as may be prescribed as to the course of appeals and other procedural matters, the Supreme Court shall, by virtue of this Constitution, have appellate jurisdiction in cases involving the constitutionality of a law under this Constitution or the Constitution of the United States and in cases involving the life or liberty of any person.
No appeal shall be allowed to the Commonwealth in a case involving the life or liberty of a person, except that an appeal by the Commonwealth may be allowed in any case involving the violation of a law relating to the State revenue. The General Assembly may also allow the Commonwealth a right of appeal in felony cases, before a jury is impaneled and sworn if tried by jury or, in cases tried without a jury, before the court begins to hear or receive evidence or the first witness is sworn, whichever occurs first, from (1) an order of a circuit court dismissing a warrant, information or indictment or any count or charge thereof on the grounds that a statute upon which it was based is unconstitutional and (2) an order of a circuit court proscribing the use of certain evidence at trial on the grounds such evidence was obtained in violation of the provisions of the Fourth, Fifth or Sixth Amendments to the Constitution of the United States or Article I, Sections 8, 10 or 11 of this Constitution proscribing illegal searches and seizures and protecting rights against self-incrimination, provided the Commonwealth certifies the evidence is essential to the prosecution.
Subject to the foregoing limitations, the General Assembly shall have the power to determine the original and appellate jurisdiction of the courts of the Commonwealth.
https://law.lis.virginia.gov/constitution/article6/section1/
