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

An appeal and post-conviction relief are two different legal options that a criminal defendant may pursue in Maryland. An appeal is a legal challenge to a criminal conviction or sentence that is brought up through the appeals court process. This process occurs after a criminal trial has occurred and the defendant wishes to challenge the conviction or sentence that was granted. An appeal often involves reviewing the trial transcripts, evidence, and the judge’s instructions to ensure that all proper legal procedures were followed. Post-conviction relief is a similar rights process, however it focuses on claims of prosecutorial misconduct, ineffective assistance of counsel, and claims of new evidence or facts that were not available at the time of the trial. Post-conviction relief is typically sought after a criminal conviction has become final, meaning that all appeal options have been exhausted. Plaintiffs in these types of cases must meet certain criteria and prove that their conviction or sentence was due to an error or improper behavior. Overall, the primary difference between an appeal and post-conviction relief is the timelines in which they may be sought out. An appeal must be filed within a certain amount of time after the conviction is made, while post-conviction relief can be sought out for a longer period of time after the conviction has been finalized. Additionally, an appeal focuses on the proceedings of the trial itself, while post-conviction relief focuses on new evidence or errors that occurred....

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