What is the difference between direct and collateral appeal?

The primary difference between direct appeals and collateral appeals in North Carolina is the type of judgement they appeal. A direct appeal is when an individual appeals a judgement made by a lower court in which the individual is a party. The appeal is made directly to the North Carolina Supreme Court or the North Carolina Court of Appeals. Collateral appeals are when an individual appeals a judgement made by a lower court but the individual is not a party in the case. This can include appeals of administrative agency decisions. In these types of appeals, the appeal is made to the intermediate appellate court in the state. Additionally, there is a difference in the type of review each appeal receives. Direct appeals receive a de novo review, which means that the court reviews the entire case from the beginning, not just the errors raised in the appeal. Collateral appeals, however, are reviewed for abuse of discretion, meaning that the court only looks at the errors from the lower court and the discretion of the court in deciding the matter. In North Carolina, a direct appeal must be filed within 30 days of the decision of the lower court, while a collateral appeal can be filed within 10 days of the decision.

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What is the difference between direct and collateral appeal?

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