What is the difference between a direct and an indirect appeal?
The difference between a direct and an indirect appeal in Washington is based on the nature of the appeal. A direct appeal is when a defendant appeals their conviction or sentence directly to the higher court, typically the Supreme Court. When filing a direct appeal, the defendant may present any relevant legal errors from the lower court in order to attempt to obtain a reversal of the conviction or sentence. An indirect appeal is when a defendant appeals their conviction or sentence to a lower court for review. Generally, the defendant cannot present any new evidence or legal arguments, but can instead challenge the lower court’s legal interpretations of the evidence that was presented during the trial. If the defendant is successful, the conviction or sentence may be adjusted in accordance with the court’s decision. In Washington, direct appeals are used most often when a defendant is challenging the legality of their conviction or sentence. Indirect appeals are used to challenge the legal provisions that were applied during the lower court’s decision-making process.
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