What is the process for filing a criminal appeal in state court?

The process for filing a criminal appeal in state court in Virginia is relatively straightforward. First, the party that wishes to appeal must file a notice of appeal with the circuit court. The notice must be filed within 21 days of the date of the entry of the order from which the appeal is taken. The notice of appeal should include the name of the parties, the date of the order being appealed, and a statement of the grounds for the appeal. Once the notice is filed, the party must serve the notice on the other parties, the trial court and the clerk of the trial court. The parties then have 21 days to file their appeal brief. The appellate brief should explain the legal basis for the appeal and any facts relevant to the claim. If any evidence is necessary, the parties must also submit a copy of the evidence with their appeal brief. The opposing parties then have 21 days to respond to the appeal brief. Once all of the briefs have been submitted, the court may hold a hearing. The court will issue a decision and, if the decision goes against the appellant, the appellant can then apply for a writ of certiorari (appeal to the Supreme Court of Virginia). If granted, the Supreme Court of Virginia will review the case and make a final decision.

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