Criminal Defense Lawyers

Learning the Difference Between Appeals and Habeas

Learning the Difference Between Appeals and Habeas

First off, their both ways to challenge a conviction or sentence after the initial trial is over and done with. But they attack the conviction and sentence differently.

An appeal is when you argue their were mistakes and errors made by the court during the trial itself. Maybe the judge made a wrong ruling on evidence. Maybe the prosecutor did something shady. Maybe the jury instructions were off. Whatever it is, your attacking the actual trial itself and saying it was’nt conducted properly accoring to the law.

A habeas petition is different. With habeas, your not attacking the trial or saying their were mistakes. Your attacking the conviction and sentence by saying your being held illegally in violation of your constitutional rights. For example, maybe your lawyer was totally incompetent and violated your right to counsel. Or maybe the police violated your Miranda rights. Or maybe new evidence proves your actually innocent. Habeas focuses on constitutional issues outside the trial itself.

So appeals look at trial errors, habeas looks at constitutional violations. Get it? Ones inward focused, ones outward focused.

Timing and Courts

Their’s also differences in timing and what court you file in. Appeals go directly to the appeals court right after the trial. But habeas you file way later on, usually after appeals are over, and you file in the district court rather than the court of appeals.

For example, say you just got convicted of robbery in state court. If you want to appeal, you file a notice of appeal with the state appeals court within a few weeks after sentencing. Your arguing their were mistakes made by the trial judge and lawyers during the trial itself.

But if you want to file a habeas petition, you gotta wait until direct appeals are over. This could take months or even years. Once your conviction is final, then you can file a habeas petition in federal district court. Now your arguing constitutional violations, like ineffective assistance of counsel or actual innocence based on new evidence.

See the difference? One attacks the trial itself, ones about constitutional rights. And they happen in different courts at different times.

Standards of Review

Their’s also a big difference in how appeals and habeas are reviewed. On appeal, the court gives a lot of deference to the trial court and looks for clear errors or abuses of discretion. It’s a high bar to win an appeal.

But with habeas, their’s less deference to the state courts. Federal courts review constitutional claims more closely. Their more willing to overturn convictions if their was a constitutional violation. So in some ways, habeas review is broader and more favorable to the defendant.

Examples

Okay, enough with the legal jargon. Let’s look at some real life examples to understand the difference between appeals and habeas.

Pretend Sally is charged with tax fraud. At trial, the judge allows some questionable evidence about Sally’s finances. Sally is convicted based heavily on this evidence.

On appeal, Sally would argue the judge erred by allowing that evidence. She would say it was irrelevant or overly prejudicial. This attacks the trial itself and how it was conducted.

But in a habeas petition, Sally would argue her lawyer was incompetent for not objecting to that evidence. This is about her constitutional right to effective counsel, not how the trial went.

See the difference? Appeal is trial errors. Habeas is constitutional violations. Sally is making different arguments and attacking her conviction in different ways.

Here’s another example. Bob is convicted of assault based on shaky eyewitness testimony.

On direct appeal, Bob would argue the eyewitness identification procedures were suggestive and unreliable. He’s attacking the evidence allowed at trial.

In habeas, Bob could claim the prosecutor failed to disclose evidence undermining the credibility of their eyewitness. This Brady violation would be a due process issue.

Again, Bob is making different arguments in each case. Appeal is about trial errors. Habeas focuses on constitutional rights.

State vs. Federal

Their’s also differences in filing appeals and habeas in state vs. federal court. This gets confusing, so stick with me here.

For state convictions, you appeal up through the state appeals courts first. Only after state appeals are done can you file habeas in federal court. This is called exhausting state remedies.

But for federal convictions, you appeal directly to the federal Circuit Court of Appeals. You don’t have to go through state courts first. And federal prisoners use the term “2255 motion” instead of habeas, but it’s basically the same thing.

The bottom line is you gotta attack the conviction in the right court at the right time using the right arguments. This stuff can get real technical real fast. If your considering an appeal or habeas, talk to an experienced criminal defense lawyer. Don’t try to go it alone.