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

In Texas, the difference between a direct and an indirect appeal is the type of court in which the record of the criminal case is reviewed. A direct appeal is made to the appellate court of the area in which the criminal trial took place. In this case, the appellate court reviews the court record of the lower court and decides if the ruling was legally correct. An indirect appeal, also known as a writ of habeas corpus, is made to the criminal court of appeals in the jurisdiction where the criminal trial took place. In this case, the court of appeals reviews the court record, witnesses’ testimonies and any other evidence submitted to decide if the defendant’s trial was conducted fairly and if the defendant is being held illegally. This type of appeal is usually reserved for cases where the defendant claims they were denied a fair trial, or where new evidence points to their innocence. In both cases, the defendant will be required to present evidence to prove the errors or new evidence that warrants a review of the case. If the court decides in favor of the defendant, the case may be sent back to the lower court for retrial. If the court decides against the defendant, the ruling of the lower court will remain in effect.

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

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