What is the difference between an appeal and post-conviction relief?

An appeal and post-conviction relief are two different types of criminal appeals under California law. An appeal is the process of challenging a conviction or sentence through a higher court. The appeals court will review the case, any evidence presented, and any errors that may have occurred during the original trial to determine if the decision was correct. The appeals court may affirm the conviction or sentence, or the court may reverse the decision and require a new trial or other resolution. Post-conviction relief, on the other hand, is the process of challenging a conviction or sentence after a conviction has already occurred. This can include an appeal, but a post-conviction relief case is typically more limited in scope and can include requests for a new trial, resentencing, or other types of relief. Post-conviction relief is only available if certain procedural and substantive criteria are met, such as the unavailability of certain evidence or the existence of ineffective assistance of counsel.

Related FAQs

What is the difference between a reversal and a remand on appeal?
How does habeas corpus differ from a criminal appeal?
Are appellate court opinions binding?
What are the requirements for filing a criminal appeal?
What is the process for filing a petition for post-conviction relief?
What is the appellate division of a court?
Are transcripts of testimony necessary for a criminal appeal?
What is the standard of review used on a post-conviction relief order?
What is the process for filing a writ of certiorari?
How do I file a criminal appeal?

What is the difference between an appeal and post-conviction relief?

Related FAQs

Related Blog Posts