What is the difference between a direct appeal and a collateral appeal?

A direct appeal is an appeal of a criminal conviction that is based on the trial court’s errors, or on the fact that the evidence presented at trial was insufficient to support the conviction. The direct appeal is filed with the court that handled the original trial. Essentially, this kind of appeal looks back at the trial court proceedings to determine if any errors were made that would justify overturning the conviction. A collateral appeal is the process by which an individual challenges a criminal conviction when the direct appeal process has been exhausted. It is filed with a higher court, like the California Supreme Court. This type of appeal generally looks at the legal processes that were followed during the conviction, such as whether the defendant received effective counsel or whether the jury was properly instructed. It also looks at whether the original sentence was appropriate or whether the defendant’s constitutional rights were violated. In contrast to a direct appeal, a collateral appeal does not consider whether the evidence presented at trial was sufficient to support the conviction.

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What is the difference between a direct appeal and a collateral appeal?

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