Legal Definitions - direct appeal

A direct appeal is the initial process by which a party who lost in a trial court asks a higher court (an appellate court) to review the trial court's decision. This is the first opportunity to challenge a judgment or verdict directly in the appellate system. The purpose of a direct appeal is typically to determine if legal errors were made during the trial proceedings that affected the outcome, such as incorrect application of law, improper admission or exclusion of evidence, or flawed jury instructions.

Here are some examples illustrating a direct appeal:

• Criminal Conviction: Imagine a defendant is found guilty of a felony in a state trial court. Their defense attorney believes the trial judge made a significant error by refusing to allow a crucial witness to testify, arguing that this violated the defendant's right to present a full defense. Immediately following the conviction and sentencing, the attorney files a notice of appeal to the state's intermediate court of appeals.

  This action constitutes a direct appeal because it is the first time the defendant is challenging the trial court's judgment in a higher court. The appeal focuses on the alleged legal error made by the trial judge regarding witness testimony, seeking to have the conviction overturned or a new trial ordered.

• Civil Judgment: Consider a lawsuit where a homeowner sued a construction company for faulty workmanship. After a lengthy trial, the jury awarded the homeowner a substantial amount for damages. The construction company believes the judge gave the jury incorrect instructions on how to calculate damages, leading to an unfairly high award. The company's lawyers then file an appeal with the regional court of appeals.

  This is a direct appeal because the construction company is directly challenging the trial court's final judgment and the jury's verdict in the first available appellate court. Their argument centers on a specific legal error – the judge's instructions to the jury – which they contend led to an improper outcome.