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

A direct appeal and a collateral appeal are two different types of appeals in South Carolina criminal appeals law. A direct appeal is where a defendant requests a higher court to review the final decision of a lower court affecting the outcome of their criminal case. This type of appeal is used when a defendant wants to challenge the outcome of their criminal trial and argue that their conviction or sentence should be reversed or modified. A collateral appeal, on the other hand, is an appeal that has to do with the actions of the judge or prosecutor, rather than the outcome of the criminal trial itself. This type of appeal is used when a defendant wants to challenge the manner in which the case was handled and argue that the judge or prosecutor acted inappropriately or violated the defendant’s constitutional rights in some way. In summary, the main difference between a direct appeal and a collateral appeal is that a direct appeal is used to challenge the outcome of the criminal trial, while a collateral appeal is used to challenge the actions of the judge or prosecutor.

Related FAQs

What is an en banc hearing?
What is the process for appealing a criminal conviction in federal court?
Can I petition a court for habeas corpus relief in a criminal case?
What happens at oral argument in a criminal appeal?
What is an appellate brief?
What is the difference between a reversal and a remand on appeal?
What is a direct appeal?
Can I appeal a guilty plea in a criminal case?
What are the requirements for filing a petition for a writ of certiorari?
Can a criminal appeal be reversed or remanded?

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

Related FAQs

Related Blog Posts