What is the difference between direct and collateral appeal?

The difference between direct and collateral appeal in criminal cases in Washington is that a direct appeal is an appeal from the trial court’s decision directly to the Supreme Court or Court of Appeals. A collateral appeal, also known as a post-conviction appeal, is an appeal from orders or rulings made after a criminal case has been finalized, such as motions for defendant will appear in court when required.">bail or a motion to set aside a conviction. Direct appeals are filed by an attorney with the Supreme Court or Court of Appeals, while a collateral appeal is usually initiated by the defendant. Direct appeals can be taken from any decision of a criminal trial court, including a conviction or sentence. With a direct appeal, the appellate court must address all legal issues raised in the appeal unless the party appealing waives the right to have their claim addressed. Collateral appeals, however, are more limited in scope. In a collateral appeal, the appellate court may only consider those issues raised in the appeal which are related to the original criminal case. Additionally, the appellate court is limited to considering issues which have been timely raised before the lower court. Collateral appeals, then, are limited to matters of constitutional violations, newly discovered evidence, and other issues unique to the original criminal case. Overall, the difference between direct and collateral appeals in criminal cases in Washington is that direct appeals allow for a broad review of any decision made by the trial court, while collateral appeals are limited to a narrower scope covering only those issues related to the original criminal case.

Related FAQs

What is the appellate division of a court?
What is a petition for writ of certiorari?
What are the requirements for filing a criminal appeal?
What is a Criminal Appeal Bond?
Who can I contact for assistance in filing a criminal appeal?
What is the difference between an appeals court and a trial court?
What happens at oral argument in a criminal appeal?
How long do I have to submit a brief in a criminal appeal?
How do I file a motion to dismiss an appeal?
How do I file a criminal appeal?

What is the difference between direct and collateral appeal?

Related FAQs

Related Blog Posts