How is a writ of habeas corpus different from an appeal?
Both an appeal and a writ of habeas corpus challenge the conviction or sentence. But the manner differs. In an appeal, all complaints are limited to what happened on the record; meaning what happened in front of the judge. However, a writ of a habeas corpus does not have such limitations. For instance, if your attorney argued at trial that a piece of evidence should be suppressed, but the judge denied the request, that would be an appropriate ground for appeal. However, if your attorney failed to argue at trial that a piece of evidence should be suppressed, and the judge was never given the opportunity to decide the issue, that would be an appropriate claim in a writ of habeas corpus.
