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

The two types of criminal appeals in North Carolina are referred to as direct appeals and collateral appeals. A direct appeal is filed directly to the North Carolina Court of Appeals and is considered the primary route of challenging a criminal conviction or sentence. This type of appeal is generally made by the individual convicted of a crime or his/her counsel and is made on the basis of errors made during the course of the criminal trial. This type of appeal must be filed within a year of the conviction date. A collateral appeal is a secondary appeal made after a direct appeal has been exhausted or denied. This type of appeal typically involves post-conviction petitions such as challenges to the constitutionality of a sentence or challenges to the effectiveness of counsel. A collateral appeal may also be filed to challenge the constitutionality of a criminal law. This type of appeal must be filed within two years of the conviction date. In summary, the main difference between a direct appeal and a collateral appeal is the kind of action being appealed and the time frame in which it must be filed. A direct appeal is made to challenge errors made during the criminal trial, and must be filed within one year of the conviction date. A collateral appeal is typically made to challenge the constitutionality of a sentence or a criminal law, and must be filed within two years of the conviction date.

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

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