How does an appeal differ from a state habeas proceeding?
In an appeal, your lawyer can only raise those issues which are apparent from the face of the trial transcripts. For example, on appeal a lawyer can argue that the trial judge improperly excluded certain evidence from the trial, or gave improper instructions to the jury. The reviewing court can decide by looking at the trial transcripts what happened at trial and whether a new trial is required. A habeas proceeding is very different. Habeas proceedings allow defendant to go beyond the face of the trial record and present additional evidence which was not presented at trial. For example, in habeas proceedings a lawyer can present evidence from witnesses who were never called at trial. The habeas court can review this evidence and decide whether a new trial is required. back to top…
