What is the difference between a direct appeal and a writ of habeas corpus?
In a direct appeal, the Courts of Appeals can consider only “record” evidence – that which was presented at trial. In a writ of habeas corpus, the courts will consider only constitutional issues, but additional evidence can be presented. Proper investigation is absolutely necessary for a successful writ of habeas corpus. Issues for writs of habeas corpus can include ineffective assistance of counsel, failure to investigate, prosecutorial misconduct, and due process violations. 2.
