Are motions for summary judgment allowed in a criminal appeal?

In Virginia, motions for summary judgment in criminal appeals are not allowed. Summary judgment is a process in civil cases where a party that has evidence to support their claim can make a motion to the court and have the case decided without going to trial. In criminal cases, both the prosecution and the defense must present their case at trial and let the jury decide the outcome. In an appeal of a criminal case, the defendant can have their conviction thrown out or the sentence reduced if they are able to prove that the lower court made a legal error. The court of appeals can also review evidence from the trial to make sure that the trial was fair and that the verdict was based on the law. In general, motions for summary judgment are not relevant in criminal appeals because it is up to the jury to make the decision in criminal cases. The appeals process is focused on ensuring that the jury followed instructions given by the judge and applied the law correctly. On the other hand, in civil cases, there is often no jury and summary judgment is an important tool to settle cases without going to trial.

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