POSTVERDICTS LAW LIBRARY
Direct Appeal vs. Post-Conviction Relief
A direct appeal asks a higher court to review alleged errors in the conviction or sentence, usually based on the record created in the trial court. Post-conviction relief is a separate form of review that generally begins after the direct appeal and may permit claims or evidence that could not be adequately addressed on that record.
General educational information only. Not legal advice.
Important terms
The trial record includes filed documents, admitted exhibits, transcripts, and rulings from the original case.
An appellate court reviews the lower court's decisions under specific standards of review.
Extra-record evidence is information that was not part of the record considered on direct appeal.
Why it can matter
The correct forum often depends on the claim. A ruling preserved in the trial record may belong on direct appeal, while a claim about counsel's investigation may require evidence developed later.
Understanding the distinction helps identify which documents, procedural rules, and deadlines may apply.
Limits to keep in mind
A post-conviction petition generally cannot be used simply because a party disagrees with the result of an appeal.
Claims that could have been raised earlier may be barred, and courts may defer to or treat prior rulings as final.