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

In Indiana, a direct appeal is one that takes place directly in the Indiana Supreme Court or the Indiana Court of Appeals. Direct appeals are heard without any prior review by the trial court. Direct appeals are generally taken when a party disagrees with the trial court’s decision or believes that the trial court made an error. An indirect appeal, also known as a motion for post-conviction relief, is when a defendant requests the trial court to review a decision that was made. Indirect appeals are usually taken when a party believes that errors were made by the trial court during the course of the trial, or when new evidence has come to light after the trial. The purpose of an indirect appeal is to try and get the court to change its decision or grant a new trial. Each type of appeal has a different purpose and both offer an avenue to challenge a conviction. With a direct appeal, the defendant is attempting to have the conviction overturned directly and without further review. An indirect appeal is designed to have the trial court review the case or bring forth new evidence to challenge the conviction. Ultimately, the differences between a direct appeal and an indirect appeal affect the process that will be used to challenge a conviction in Indiana.

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

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