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In the state of Virginia, when an appeal from the Court of Appeals to the Supreme Court has either never been initiated or has been dismissed for failure to adhere to the procedural or time limitations for filing such an appeal, a defendant can file a motion for leave to pursue a delayed appeal in the Supreme Court of Virginia. This remedy is only available, however, if the failure to pursue the appeal to the Supreme Court was the fault of counsel, the circuit court, the Court of Appeals, or an officer or employee of the courts. Va. Code Ann. §19.2-321.2. The motion must be filed with the Supreme Court within six months after the appeal was dismissed or the judgment became final, whichever is later.

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