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

The primary difference between a criminal appeal and a writ of habeas corpus is the scope of relief available and the purpose of each legal action. A criminal appeal is a process in which a defendant is allowed to challenge a court’s decision regarding guilt, sentencing, or other errors in the criminal proceedings. Through an appeal, a defendant can request that a higher court review the original court’s decision and, if necessary, modify or reverse it. In South Carolina, the higher court for appeals is the South Carolina Supreme Court. On the other hand, a writ of habeas corpus is a process in which a defendant can challenge the legality of his or her detention and confinement, rather than the court’s decision itself. A writ of habeas corpus is often used when a defendant believes that they are being illegally detained or when a defendant believes that their conviction was unconstitutional. In South Carolina, a writ of habeas corpus is usually filed in the Circuit Court of the jurisdiction in which the petitioner was held. In summary, a criminal appeal is used to challenge a court’s decision regarding guilt, sentencing, or other errors, while a writ of habeas corpus is used to challenge the legality of the defendant’s detention or confinement. In South Carolina, appeals are heard by the South Carolina Supreme Court, and writs of habeas corpus are filed in the Circuit Court of the jurisdiction in which the petitioner was held.

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

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