by admin | May 14, 2021 | Criminal Procedure, Virginia
The trial of capital cases must proceed in accordance with the provisions of Article 4.1 of Chapter 15 of Title 19.2 and, except to the extent conflicting therewith, the provisions of this Part Three A are applicable thereto.Except for good cause shown, the separate...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Application. This Rule applies in cases of trial by jury upon a finding that the defendant is guilty of a non-capital felony or a Class 1 misdemeanor.(b)Bifurcated Proceedings. In any jury trial in which the jury returns a verdict of guilty to one or more...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Return. In all criminal prosecutions, the verdict must be unanimous, in writing and signed by the foreman, and returned by the jury in open court.(b)Several Accused. If there are two or more accused, the jury may return a verdict as to any of them as to whom it can...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Giving of Instructions. In a felony case, the instructions must be reduced to writing. In all cases the court must instruct the jury before arguments of counsel to the jury.(b)Proposed Instructions. If directed by the court the parties must submit proposed...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Motion to Strike Evidence. After the Commonwealth has rested its case or at the conclusion of all the evidence, the court on motion of the accused may strike the Commonwealth’s evidence if the evidence is insufficient as a matter of law to sustain a...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Motion for Order Regulating Disclosure of Jurors’ Personal Information. As provided in Code ยง 19.2-263.3, on motion of any party or its own motion, and only upon a finding of good cause sufficient to warrant departure from the norm of open proceedings, the...
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