What is the difference between a direct and an indirect appeal?

The difference between a direct and an indirect appeal in Delaware relates to criminal procedure after a conviction. A direct appeal is an appeal to a higher court in which the appellant, or the individual or organization seeking to overturn a lower court’s decision, is challenging the lower court’s ruling on its merits. The appellant argues that the lower court’s decision was wrong on the basis of the facts and law applicable to the case. An indirect appeal, on the other hand, is a procedural challenge to the lower court’s ruling. It generally does not address the merits of the conviction, but rather argues that the lower court failed to properly apply a procedural rule or that the court was imposing a penalty that was in violation of the law. For example, an appellant may argue that the court imposed a sentence that was too harsh given the facts of the case. In Delaware, direct appeals are typically heard first by the Delaware Supreme Court, and if necessary, by the United States Supreme Court. Indirect appeals are heard initially by the Delaware Superior Court. Regardless of which type of appeal is being pursued, the individual or organization challenging the conviction must provide evidence to support their position.

Related FAQs

What are the differences between direct and circumstantial evidence in criminal trials?
What is probable cause in criminal procedure?
What are the constitutional rights of an accused person?
What is the exclusionary rule in criminal procedure?
What is the purpose of a grand jury indictment?
What are the rules of double jeopardy in criminal procedure?
What is the role of a judge in criminal proceedings?
What are the rules of the Fourth, Fifth, and Sixth Amendments in criminal cases?
What is the difference between voluntary and involuntary manslaughter?
What are Miranda warnings in criminal procedure?

What is the difference between a direct and an indirect appeal?

Related FAQs

Related Blog Posts