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Attorney General Marshall Coleman will ask the General Assembly to initiate a constitutional amendment giving the Commonwealth the right of appeal in criminal cases that otherwise could be dismissed because of legal technicalities.
This proposal, which will be presented to the General Assembly, is part of the Attorney General’s anticrime package, of which uniform sentencing and tougher laws on juvenile sentencing are the major components.
The proposal giving the Commonwealth the right of appeal would mean that the state could appeal circuit court decisions on legal rulings that prohibit admission of evidence on the basis of an improper search or seizure or that prohibit the admission of a confession, on the basis that it’s improperly Obtained; or (hat quash an indictment, on the ground that it was improperly brought.
“The federal government and most states already have this right, and we need it in Virginia. Now an entire case can be thrown out on a legal technicality, and the Commonwealth’s hands are tied. The defendant almost
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