What is the difference between direct and collateral appeal?

In Virginia, a direct appeal is the initial appeal made by a defendant directly to the court against the verdict of a trial court or judge. The defendant must establish that the decision of the trial court was wrong or that the evidence presented was insufficient. This type of appeal is usually made soon after the verdict is issued. By contrast, a collateral appeal is an appeal based on an issue that is not directly related to the merits of the case or the conviction. These could include claims of ineffective assistance of counsel, newly discovered evidence, prosecutorial misconduct, or even a change in the law. Collateral appeals allow a defendant to challenge a conviction even when the trial court was correct in its decision. This type of appeal is usually made after a direct appeal is unsuccessful. In Virginia, the court of appeals hears both direct and collateral appeals. If the court of appeals denies the appeal, the defendant can file their case with the Supreme Court of Virginia. The Supreme Court of Virginia may take the case or may refuse to hear it, in which case the adverse decision of the lower court stands.

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What is the difference between direct and collateral appeal?

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