What is the difference between a direct appeal and a collateral appeal?
The difference between a direct appeal and a collateral appeal in Tennessee is the type of relief sought and the type of proceeding used. A direct appeal is a type of proceeding in which a criminal defendant can appeal their conviction or sentence based on an alleged legal error or other problem with the judgment. This type of appeal can be used to challenge a guilty verdict or sentence, or to seek a new trial. In most cases, a direct appeal is initiated by filing a petition with the criminal appeals court within a certain period of time. A collateral appeal, on the other hand, is a petition for relief from certain collateral consequences arising from a criminal conviction or sentence. Examples of these consequences include the loss of civil rights such as the right to vote or carry a gun, or the ability to obtain certain state benefits. Collateral appeal petitions are usually filed after all direct appeals have been exhausted. The petition must be filed in the same court where the original conviction took place. Overall, the difference between a direct appeal and a collateral appeal in Tennessee is the type of relief sought and the type of proceeding used. A direct appeal is used to challenge a criminal conviction or sentence, and a collateral appeal is used for relief from collateral consequences.
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