APPENDIX 8-3: MEMORANDUM BASED ON STATE V.
APPENDIX 8-4: VIRGINIA MODEL JURY INSTRUCTION NO.
CHAPTER 9: PRETRIAL PROCEEDINGS9.1 INITIAL INVESTIGATION AND CLIENT INTERVIEW
9.101 Value and Purpose of Interview
9.102 Preparation for Interview and Initial Steps
9.103 Conducting the Interview
9.104 Advice to the Client
9.2 DISCOVERY
9.201 Defendant’s Discovery Generally
9.202 Commonwealth’s Duty to Disclose Exculpatory
Evidence
9.3 THE PRELIMINARY HEARING
9.301 In General
9.302 Procedure
9.303 Practice
9.4 THE GRAND JURY
9.401 General Functions
9.402 Regular Grand Juries: Selection and Operation
9.403 Regular Grand Juries: Hearings and Deliberations
9.404 Special Grand Juries
9.405 Representing Clients Before Grand Juries
9.406 Multi-Jurisdiction Grand Juries
9.5 THE CHARGE UPON WHICH THE ACCUSED IS TRIED
9.501 In General
9.502 Form and Content of the Indictment and the
Information
9.503 Joinder of Offenses or Defendants in an Indictment or
Information
9.504 The Formal Charge
9.505 Amendment to the Formal Charge
9.506 Bill of Particulars
9.6 THE ARRAIGNMENT
9.601 Scope
9.602 Procedure
9.7 PLEAS
9.701 Permissible Pleas
9.702 Procedure for Entering Guilty Plea
9.703 Requirement That Plea Be Voluntary and Intelligent
9.704 Consequences of Guilty Plea
9.705 Withdrawal of Plea
9.706 Practice
9.8 PLEA-BARGAINING
9.9 PRETRIAL MOTIONS
9.901 In General
9.902 Categories of Defenses and Objections
9.903 Procedure
9.904 Affidavits and Certificates of Analysis
9.905 Jurisdiction and Venue
9.906 Motions in Limine
9.907 Insanity Defense
9.908 Competency to Stand Trial
9.909 Continuance
APPENDIX 9-1: NOTICE AND MOTION TO CLARIFY
COMMONWEALTH’S DISCOVERY OBLIGATIONS
APPENDIX 9-2: DEFENDANT’S MOTION TO COMPEL
APPENDIX 9-3: MOTION FOR SEPARATE TRIAL AS TO
CHARGES
APPENDIX 9-4: MOTION FOR SEPARATE TRIAL AS TO
CODEFENDANT
APPENDIX 9-5: ORDER GRANTING SEPARATE TRIAL FROM
CODEFENDANT
APPENDIX 9-6: MOTION FOR A BILL OF PARTICULARS
APPENDIX 9-7: MOTION FOR CLOSURE OF PRELIMINARY
HEARING
APPENDIX 9-8: MOTION IN LIMINE TO PRECLUDE TESTIMONY
REGARDING COLLATERAL EVIDENCE
APPENDIX 9-9: MOTION IN LIMINE TO EXCLUDE 911 TAPE
APPENDIX 9-10: MOTION FOR APPOINTMENT OF MENTAL
HEALTH EXPERT
APPENDIX 9-11: MOTION TO DISMISS—NOT A LESSER
INCLUDED OFFENSE
APPENDIX 9-12: MOTION FOR BILL OF PARTICULARS
APPENDIX 9-13: MOTION FOR CONTINUANCE
APPENDIX 9-14: CONTINUANCE ORDER
APPENDIX 9-15: MOTION FOR DISCOVERY AND INSPECTION—
SHORT FORM
APPENDIX 9-16: MOTION FOR DISCOVERY AND INSPECTION—
LONG FORM
APPENDIX 9-17: NOTICE OF MOTION
APPENDIX 9-18: MOTION IN LIMINE TO LIMIT PRESENTATION
OF PHOTOGRAPHS
APPENDIX 9-19: WAIVER OF RIGHTS FORM
APPENDIX 9-20: SUGGESTED QUESTIONS TO BE ASKED WHEN
TAKING PLEAS OF GUILTY OR NOLO CONTENDERE—
MISDEMEANOR PROCEEDINGS IN DISTRICT AND
CIRCUIT COURTS
CHAPTER 10: CONSTITUTIONAL AND STATUTORY
DOCTRINES AFFECTING THE TRIAL10.1 STATUTES OF LIMITATIONS
10.2 PUBLIC TRIAL; PRESENCE OF THE ACCUSED;
PHYSICAL RESTRAINTS
10.201 Public Trial.
10.202 Presence of the Accused
10.203 Physical Restraint
10.3 PREJUDICIAL PUBLICITY
10.301 In General
10.302 Judicial Authority to Control or Prevent
Prejudicial Publicity
10.303 Broadcasting of Trials
10.304 Procedure Following Excessive Publicity
10.4 BURDENS OF PROOF AND PRESUMPTIONS
10.401 Background
10.402 Shifting the Burden to the Defendant
10.403 Inferences and Presumptions
10.404 Sentencing
10.5 SPEEDY TRIAL
10.501 In General
10.502 The Constitutional Standard
10.503 The Statutory Standards
10.6 DOUBLE JEOPARDY AND COLLATERAL ESTOPPEL
10.601 In General
10.602 When Jeopardy Attaches
10.603 Mistrials
10.604 Retrial Following Appeal
10.605 The “Same Offense” Concept
10.606 Multiple Punishments for the Same Offense
10.607 Forfeitures and Administrative Sanctions
10.608 Statutory Implementation
10.609 Collateral Estoppel and Res Judicata
10.7 CONFRONTATION AND CROSS-EXAMINATION
10.701 In General
10.702 Hearsay
10.703 Prior Recorded Testimony
10.704 Extrajudicial Statements of a Codefendant
10.705 Adverse Witnesses
10.706 The Right to “Face” One’s Accusers
10.707 Cross-Examination of Prosecution Witnesses
10.8 COMPULSORY PROCESS
10.801 In General
10.802 Witnesses
10.803 Documentary Evidence and Objects
10.9 JUDICIAL OR PROSECUTORIAL MISCONDUCT,
BIAS, OR DISABILITY
10.901 In General
10.902 Judges
10.903 Prosecutors
10.10 EX POST FACTO LAWS
10.11 RETROACTIVITY OF COURT DECISIONS AND STATUTES
10.12 ACCORD AND SATISFACTION
APPENDIX 10-1: AFFIDAVIT AND AGREEMENT BASED UPON
ACCORD AND SATISFACTION
APPENDIX 10-2: MOTION TO DISMISS BASED ON ACCORD
AND SATISFACTION
APPENDIX 10-3: MOTION TO DISMISS—STATUTE OF
LIMITATIONS
APPENDIX 10-4: MOTION TO DISMISS INDICTMENT ON
CONSTITUTIONAL GROUNDS
APPENDIX 10-5: ORDER TO SECURE ATTENDANCE OF
OUT-OF-STATE WITNESSES
APPENDIX 10-6: CERTIFICATE FOR ATTENDANCE OF
OUT-OF-STATE WITNESS
APPENDIX 10-7: PETITION FOR CERTIFICATE FOR OUT-OFSTATE
WITNESS
APPENDIX 10-8: MOTION FOR RECUSAL
CHAPTER 11: THE TRIAL11.1 VENUE AND CHANGE OF VENUE
11.101 Venue
11.102 Change of Venue
11.2 JURY SELECTION
11.201 Right to Jury Trial
11.202 Number of Jurors
11.203 Selection and Summons Procedures
11.204 Errors in the Selection Process
11.205 Statutory Qualifications and Exemptions
11.206 Challenge to Jurors
11.207 Jury Selection: Practice
11.3 OPENING STATEMENT
11.301 In General
11.302 Scope and Limits
11.303 Objections
11.304 Practice
11.4 PRESENTING THE EVIDENCE
11.401 Testimony of the Accused
11.402 Witnesses
11.403 Exclusion of Witnesses
11.404 Expert Witnesses
11.405 Motion for Mistrial
11.406 Motion to Strike the Evidence
11.407 Practice: Planning the Defense
11.5 INSTRUCTIONS TO THE JURY
11.501 Procedure
11.502 Purpose and Scope
11.503 Content of Instructions
11.6 ARGUMENT IN SUMMATION
11.601 In General
11.602 Limitations
11.603 Objections
11.604 Practice
11.7 VERDICT AND POST-VERDICT MOTIONS
11.701 Verdict
11.702 Polling the Jury
11.703 Motion to Set Aside the Verdict
11.704 Motion for a New Trial on the Basis of Newly
Discovered Evidence
11.705 Juror Misconduct
11.706 Expungement
APPENDIX 11-1: JUROR QUESTIONNAIRE
APPENDIX 11-2: MOTION IN LIMINE TO HAVE THE
DEFENDANT PRESENTED IN THE COURTROOM
NOT IN HANDCUFFS AND JAIL UNIFORM
APPENDIX 11-3: MOTION IN LIMINE TO LIMIT THE
PRESENCE OF LAW ENFORCEMENT PERSONNEL
IN THE COURTROOM
APPENDIX 11-4: MOTION TO RECONSIDER
APPENDIX 11-5: PETITION FOR EXPUNGEMENT OF
CRIMINAL RECORD
APPENDIX 11-6: ORDER OF EXPUNGEMENT
CHAPTER 12: SENTENCING12.1 AUTHORITY TO SENTENCE
12.101 Jury Trials
12.102 Bench Trials
12.2 SENTENCING LIMITATIONS
12.3 DISCRETIONARY SENTENCING GUIDELINES
12.301 In General
12.302 Departure from Guidelines
12.303 Applicable Version of Guidelines
12.304 Federal Sentencing Guidelines
12.305 Failure to Submit a Sentencing Factor to the Jury
12.306 Post-Release Supervision
12.307 Double Jeopardy Challenge to a Concurrent Sentence
12.4 PRONOUNCEMENT AND ALLOCUTION
12.401 Pronouncement
12.402 Allocution
12.5 PRESENTENCE INVESTIGATION AND REPORT AND
VICTIM IMPACT STATEMENT
12.501 Procedure
12.502 Contents of the Report
12.503 Victim Impact Statement
12.504 Hearsay
12.505 Preparing for the Sentencing Hearing
12.6 PROBATION OR SUSPENSION OF SENTENCE
12.601 In General
12.602 Terms and Conditions
12.603 Revocation
12.604 Deferred Disposition after Entry of Guilty Plea
12.7 INDETERMINATE COMMITMENT
12.701 Authority of Court
12.702 Procedure
12.703 Terms
12.704 Release Procedure
12.8 SPECIAL SENTENCING PROVISIONS
12.801 Concurrent and Consecutive Sentences
12.802 Third Conviction of Act of Violence
12.803 Crimes Involving Sexual Abnormality
12.804 Conviction of a Combination of Felonies and
Misdemeanors
12.805 Use of a Firearm in Commission of Specified Felonies
12.806 Boot Camp Incarceration
12.807 Other Alternative or Additional Sentencing
12.9 CRUEL AND UNUSUAL PUNISHMENT
12.10 JUDGMENT
12.1001 Procedure
12.1002 Finality
APPENDIX 12-1: COLLATERAL CONSEQUENCES OF FELONY
CONVICTIONS
CHAPTER 13: APPEALS13.1 APPEALS IN CRIMINAL CASES GENERALLY
13.101 General Constitutional and Statutory Framework
13.102 Client’s Decision to Appeal
13.103 Waiver of Right to Appeal by Pleading Guilty
13.104 Appointment of Counsel and Expenses of Appeal
13.105 Retrial Following Appeal
13.106 Fugitive Disentitlement Doctrine
13.2 THE VIRGINIA COURT OF APPEALS
13.201 In General
13.202 Jurisdiction in Criminal Cases
13.3 APPEAL FROM CIRCUIT COURT TO COURT OF APPEALS
13.301 Preliminary Steps
13.302 Filing the Notice of Appeal
13.303 Contents of Notice of Appeal
13.304 Record on Appeal
13.305 Petition for Appeal and Brief in Opposition
13.306 Oral Argument and Disposition of Petition for Appeal
13.307 Procedure for Appeals of Right and Awarded Appeals
13.308 Appendix
13.309 Oral Argument
13.310 Disposition of the Appeal
13.311 The “Right Result for the Wrong Reason” Doctrine
13.312 Certification to Supreme Court
13.4 APPEAL FROM COURT OF APPEALS TO SUPREME
COURT
13.401 Notice of Appeal
13.402 Record on Appeal
13.403 Petition for Appeal
13.404 Brief in Opposition
13.405 Assignments of Cross-Error
13.406 Oral Argument and Disposition of Petition for Appeal
13.407 Procedure After Petition Is Granted
13.408 Briefs and Arguments
13.5 APPEAL FROM DISTRICT COURT TO CIRCUIT COURT
13.501 In General
13.502 Procedure
13.503 Effect on Sentence and Charge in Circuit Court
13.504 Attorney’s Duties to Client
13.6 COMMONWEALTH APPEALS
13.601 In General
13.602 Procedure
13.603 Disposition
13.7 WRIT OF ACTUAL INNOCENCE
13.701 Motion to Circuit Court for Investigation of New
Biological Evidence
13.702 Petition to Supreme Court for Writ of Actual
Innocence (Biological Evidence)
13.703 Action Not Basis for Relief by Habeas Corpus,
Appellate Proceeding, or Action for Damages
(Biological Evidence)
13.704 Petition for Writ Based on Non-biological Evidence
13.705 Bond Pending Hearing
13.8 DELAYED APPEALS
APPENDIX 13-1: NOTICE OF APPEAL FROM TRIAL COURT
(RULE 5A:6)
APPENDIX 13-2: AFFIDAVIT TO WITHDRAW A CRIMINAL
APPEAL
APPENDIX 13-3: BOND FOR COSTS AND SUSPENSION ON
APPEAL
APPENDIX 13-4: ADDITIONAL SECURITY FOR APPEAL
APPENDIX 13-5: DEMAND FOR HEARING BY THREE-JUDGE
PANEL
APPENDIX 13-6: MOTION FOR EXTENSION OF TIME TO FILE
TRANSCRIPTS
APPENDIX 13-7: INSTRUCTIONS AND FORMS FOR A PETITION
FOR A WRIT OF ACTUAL INNOCENCE TO THE SUPREME
COURT OF VIRGINIA
APPENDIX 13-8: PETITION FOR A WRIT OF ACTUAL
INNOCENCE BASED ON NONBIOLOGICAL EVIDENCE—
THE COURT OF APPEALS OF VIRGINIA
TABLE OF AUTHORITIES
INDEX