What is the difference between a direct appeal and a writ of habeas corpus?

A direct appeal is the process of challenging a criminal conviction in a higher court. In Washington, direct appeals start in the Washington Court of Appeals and proceed to the Washington Supreme Court. The goal is to have the conviction overturned, or reversed. A writ of habeas corpus is different than a direct appeal. Rather than challenging the conviction in a higher court, a writ of habeas corpus is a legal action used to challenge the legality of someone’s detention or imprisonment. A writ of habeas corpus can be used to challenge the legality of an arrest, the length of a sentence, and more. In Washington, writs of habeas corpus are usually filed in a federal court, such as the United States District Court for the Western District of Washington. If a writ of habeas corpus is successful, the court may order a release from custody or a new trial. In summary, a direct appeal challenges a criminal conviction in a higher court, while a writ of habeas corpus challenges the legality of someone’s detention or imprisonment in a federal court.

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