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

A direct appeal and an indirect appeal are both ways an individual can appeal a criminal case in South Carolina. They both involve the same basic process; however, they are different in terms of when, how, and why they can be used. A direct appeal is considered to be the most common type of appeal in criminal cases. It can be used when a defendant feels that an error of law was made during the original case. This type of appeal is filed directly with the next highest court for review. The appellate court can then decide to either uphold the original verdict or overturn it and set a new verdict. An indirect appeal is a type of appeal that is used when a defendant believes there was an error of fact in the original case. This type of appeal is done in a two-step process. First, the defendant must file a motion in the original court to set aside the verdict and grant a new trial. If that motion is denied, the defendant can then file for an indirect appeal in the higher court. The appeal will then be judged on whether or not the original court made a mistake in denying the motion for a new trial. Thus, the difference between a direct appeal and an indirect appeal lies in the type of error committed during the original trial. Direct appeals are used when a defendant believes an error of law has been committed, while indirect appeals are used when a defendant believes an error of fact has been committed.

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

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