There are two types of federal level appeals-direct and collateral. A direct appeal would follow from a conviction in federal court. There are also some direct appeals from state court convictions. This occurs when all state court appeals have been exhausted and the defendant appeals directly to the United States Supreme Court on an issue of US Constitutional Law. A direct appeal is more common in capital cases then other types of criminal cases. Collateral appeal occurs when the defendant has exhausted all state appellate rights and post conviction proceedings. Collateral appeal is often refered to as Habeas Corpus and is a civil, not a criminal, matter. A writ of Habeas Corpus is a civil action filed against the warden of the prison in which the defendant is housed. It alleges that the defendant is being held illegally. Habeas petitioners must show cause and prejudice to be heard in federal court. Collateral appeal begins in the federal district court and may proceed to the federal circuit court of appeals and then to the United States Supreme Court. If you are looking at a federal court criminal opinion, if the caption is Crawford v. Washington, that is a direct appeal from a state court. If it is Gideon v. Wainwright, that is a collateral appeal from a state court. If it is Smith v. United States that is a direct appeal from a federal court. There is no right of collateral appeal from a federal criminal court verdict.What is the appeals process on the federal level on a criminal defense case?
An appeal from a trial court (the U.S. District Court) is possible, assuming proper notices are timely filed. That appeal is to the U.S. Circuit Court of Appeals that covers the District Court in which the conviction was obtained.
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