What is the difference between a direct appeal and a Writ of Habeas Corpus What are the consequences of each Federal appeals attorneys at Brownstone Law Firm explain the differences Visit httpswwwbrownstonelawcom to learn more ID: 900672
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Slide1
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DIRECT APPEAL AND HABEAS CORPUS:
WHAT’S THE DIFFERENCE?
Slide2What Is an Appeal?
Filed in the Court of Appeals
to review an error in judgment Error in evidence or jury charge used against you
Not helpful to discuss issues after
the
conviction
Discusses what has already
happened in the record
Slide3What Is a
HabeasCorpus
Writ?An order commanding a party to take
or abstain
from a specific action
Usually filed to demand an incarcerated
person
to be produced in court Filed to dispute legality of person’s confinement
Slide4How
Does
an AppealWork?
You must work with appeal attorneys
File a Notice of Appeal
Prepare the Record on Appeal
Prepare appeal brief
Prepare for oral argument should
the need arise
Slide5How Does a
HabeasCorpus
Writ Work?
File a petition signed by an individual or someone acting on behalf of the person
Petition
examined only if the
individual
is
within the court’s jurisdictionFacts and evidence are examinedCourt orders release of an individual or
looks for other solutionThe burden of proof is on the petitioner
Slide6What Happens
Afterthe
Appeal?Individuals may be granted bailThe convict may be given a new
sentence
hearing
The sentence could be affirmed
Conviction may be overturned
Slide7Key Differences
Appeals correct errors of judgment in
the trial courtAppeals confined within court’s records
Writs involve pointing court errors but
include
records outside the court records
With a writ, you can present new information
Slide8Are You Looking for
Appellate Attorneys?
Call 888-233-8895 for a Free
Consultation
Slide9About Brownstone Appeal Lawyer
Experienced federal appeals attorneys
Appeals in federal courts across the USExcellent track record