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.
2013, c. 675.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 19 - Exceptions and Writs of Error
§ 19.2-318. Appeal on writ of error to judgment for contempt
§ 19.2-319. When execution of sentence to be suspended; bail; appeal from denial
§ 19.2-320. Petitioner for writ of error to comply with Rules of Court
§ 19.2-321. With whom petition for writ of error filed
§ 19.2-321.1. Motion in the Court of Appeals for delayed appeal in criminal cases
§ 19.2-321.2. Motion in the Supreme Court for delayed appeal in criminal cases
§ 19.2-322.1. Suspension of execution of judgment on appeal
§ 19.2-323. Denial by judge or justice no bar to allowance by Court
§ 19.2-324. Decision of appellate court
§ 19.2-324.1. Erroneously admitted evidence; appeal
§ 19.2-326. Payment of expenses of appeals of indigent defendants
§ 19.2-327. How judgment of appellate court certified and entered