What is the difference between a direct appeal and a writ of habeas corpus?
A direct appeal is an appeal taken directly from a trial court to an appellate court. It is a legal process in which an appellate court reviews a trial court’s decision to ensure that it was fair. The process is used when a person believes that the decision made was not based on the facts or applicable law. In Indiana, a direct appeal is filed with the Indiana Court of Appeals or Supreme Court. A writ of habeas corpus is a legal remedy in which a person who is being held in prison requests that a court review their detention to determine if it was lawful. The writ of habeas corpus is often used by prisoners who believe they have been wrongfully incarcerated. In Indiana, a writ of habeas corpus is filed with the Indiana Supreme Court. The main difference between a direct appeal and a writ of habeas corpus is the purpose of the filing. A direct appeal is filed to review a trial court’s decision for errors. A writ of habeas corpus is filed to challenge the legality of a person’s imprisonment. In Indiana, a direct appeal is filed with the Court of Appeals or Supreme Court, while a writ of habeas corpus is filed with only the Supreme Court.
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