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Home / Opinion Digests / Criminal Law / Appeal of Suppression Order Filed Too Late (access required)

Appeal of Suppression Order Filed Too Late (access required)

A divided Court of Appeals grants defendant’s motion to dismiss the commonwealth’s appeal from a trial court’s order suppressing drugs found during a vehicle search, as the commonwealth’s petition for appeal was filed too late after filing of the transcript and notice of transcript. Virginia Code § 19.2-398(A)(2) grants the commonwealth the right to appeal a ...

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