The Court of Appeals of Virginia provides appellate review of final decisions of the circuit courts in domestic relations matters, appeals from decisions of an administrative agency, traffic infractions and criminal cases, except where a sentence of death has been imposed. It also hears appeals of final decisions of the Virginia Workers’ Compensation Commission. While appeals of criminal and traffic cases, final decisions on applications for concealed weapons permits, and certain preliminary rulings in felony cases are presented by a petition for appeal, all other appeals to the Court of Appeals are a matter of right. The Court of Appeals has original jurisdiction to issue writs of mandamus, prohibition, and habeas corpus in any case over which the court would have appellate jurisdiction, and writs of actual innocence (based on non-biological evidence).
The decisions of the Court of Appeals are final in traffic infraction and misdemeanor cases where no incarceration is imposed, in domestic relations matters, and in cases originating before administrative agencies or the Virginia Workers’ Compensation Commission. However, the Supreme Court may review those decisions as well if it finds that the decision of the Court of Appeals involves a substantial constitutional question as a determinative issue or matters of significant precedential value. Except in those cases where the decision of the Court of Appeals is final, any party aggrieved by a decision of the Court of Appeals may petition the Supreme Court for an appeal.