What is the difference between direct and collateral appeal?

Direct appeals and collateral appeals are both types of appeals that can be used to challenge a criminal conviction or sentence. A direct appeal is an appeal of the actual judgment of conviction or sentence. It allows a defendant to challenge the decision of the lower court. A collateral appeal, also known as a post-conviction appeal, is an appeal of a particular issue or aspect of the criminal case. This type of appeal allows a defendant to challenge the effectiveness of his or her attorney or the fairness of the proceedings. In California, an appeal of criminal conviction or sentence must go through the California Court of Appeals. The Court of Appeals is a higher court and its job is to review what happened in the trial court. The Court of Appeals will review the actions of the lower court and decide if the court made the correct decision. In a direct appeal, the appellant (the person appealing the conviction or sentence) argues that the lower court made a mistake and asks the Court of Appeals to overrule the lower court and change the decision. In a collateral appeal, the appellant argues that the lower court proceedings were unfair or that the attorney did not provide effective legal representation. In summary, a direct appeal is an appeal of the conviction or sentence, while a collateral appeal is an appeal of an issue or aspect of the criminal case. Both types of appeals can be used to challenge a criminal conviction or sentence in California. The type of appeal used depends on the issue or aspect being challenged.

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What is the difference between direct and collateral appeal?

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