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What is the difference between filing an appeal and Post Conviction relief?

Jacksonville, FL |

I went to trial, and loss. I beleive the P.D. is at fault. Missed some things, donid nt do some others, etc.. My question is, and I dont hav emuch time I am aware, is what is the differnce between an appeal and Post Convictrionm relief

Attorney Answers 3


If you are the same person who asked about an extension of time, post conviction relief is a type of appeal, but if you just lost your trial, you would be at the regular appeal stage.

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Dear ?,

This depends on your state's law. In general, in many states you have a right to a direct appeal of your conviction and then you may or may not be able to raise issues on a postconviction motion or habeas corpus after your appeal. In other states, the postconviction motion or habeas coprus is part of the direct appeal process or precedes it. The basic difference between the two, however, is that on direct appeal you cannot bring up new evidence and on habeas corpus or postconviction motion you can.
In any case, you should now be worried first and most about seeing to it that your notice of appeal is filed on time. If it is not, you lose your right to direct appeal. You have a right to appointed counsel on appeal so you should also be finding out how to exercise that.

Yours sincerely,
Tim Provis
Cal. Bar No. 104800
Wis. Bar No. 1020123
Member: U.S. Supreme Court Bar

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An appeal made to a higher court because of some error committed in the trial court. Post conviction relief is generally done by a motion to the trial court for some sort of relief.

R. Jason de Groot, Esq., 386-337-8239

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