What is an en banc appeal?

An en banc appeal is a type of appeal that is heard by all of the members of a court, not just the three judges who heard the original case. In Virginia, the appeals are made to the Supreme Court of Virginia. An en banc appeal is requested when the appellant believes that the law was incorrectly applied in the original case. In an en banc appeal, the Court is reviewing the entire record of the case, not just the ruling of the three-judge panel. It is important to note that an en banc appeal is not a new trial; rather, the appeal is based on the evidence that was presented in the original trial. The appellant must be able to demonstrate that the law was incorrectly applied or that the decision reached by the three-judge panel was manifestly unsupported by the evidence. In order to be successful, the appellant must be able to persuade the court that a particular legal principle was not correctly applied or that the outcome of the original case was contrary to existing case law or Virginia statutes. En banc appeals are rare in Virginia, but are a key part of the criminal justice system. If you are considering filing an appeal, you should contact an experienced attorney to discuss the merits of filing an en banc appeal and whether it will be successful.

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What is an en banc appeal?

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