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

An appeal is a request made to a higher court to review the decision made in a lower court. The higher court reviews the evidence and arguments presented by both sides to determine if errors were made in the lower court and if the lower court was correct in ruling. In Texas, appeals are heard by the Texas Court of Criminal Appeals. Post-conviction relief, on the other hand, is a legal process in which a convicted person can challenge their conviction or sentence. The petition is filed in the trial court, and the petitioner must show that they were denied a fair trial or the sentence was unfair or excessive. Post-conviction relief can be used to challenge the sufficiency of the evidence, the validity of the plea, the constitutionality of the conviction, or the outcome of the trial. The main difference between an appeal and post-conviction relief is that an appeal is a request to a higher court to review the lower court’s decision, while post-conviction relief is a petition to the same court that handled the original case. In an appeal, the higher court reviews the lower court’s ruling to see if any errors were made. In post-conviction relief, the petitioner must prove that the conviction or sentence was unjust.

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

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