Virginia statute

Va. Code Ann. § 19.2-324.1 — Erroneously admitted evidence; appeal

Current through 2026 Regular Session

Part of Chapter 19: Exceptions and Writs of Error, Code of Virginia.

Full text of Va. Code Ann. § 19.2-324.1

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 19.2-324.1Primary source, current through the 2026 Regular Session

In appeals to the Court of Appeals or the Supreme Court, when a challenge to a conviction rests on a claim that the evidence was insufficient because the trial court improperly admitted evidence, the reviewing court shall consider all evidence admitted at trial to determine whether there is sufficient evidence to sustain the conviction. If the reviewing court determines that evidence was erroneously admitted and that such error was not harmless, the case shall be remanded for a new trial if the Commonwealth elects to have a new trial.

Official sources

Official section text (law.lis.virginia.gov)

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