Written by attorneys · grounded in primary & secondary sources — see below
The process of appealing a lower court's judgment directly through the ordinary appellate channels to a higher court with jurisdiction over the case. This route applies to final decisions of district courts under the general appellate jurisdiction statute and to certain interlocutory orders granting or refusing injunctions. It stands in contrast to collateral attacks such as habeas corpus petitions that challenge a conviction after it has become final.
Daphne Doyle obtained a final money judgment against Diamond Manufacturing in federal district court after a jury trial on contract claims. Diamond Manufacturing filed a notice of appeal directly to the regional court of appeals under the statute governing review of district court final decisions. The court of appeals accepted jurisdiction and proceeded to review the merits without requiring any further preliminary steps.
Diana Delgado sought a preliminary injunction in district court to halt Dakota Industries from using disputed trade secrets during ongoing litigation. The district court denied the injunction request. Dakota Industries immediately appealed that denial to the court of appeals under the statute authorizing review of orders refusing injunctions.
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David Dawson received a death sentence in state court after a capital murder conviction. The state supreme court conducted expedited review of the sentence for arbitrariness and evidentiary support as required by statute. Dawson then sought further review in the United States Supreme Court through the ordinary direct review path.
Deborah Dunn was sentenced under mandatory federal guidelines after a drug conviction. While her case remained pending on direct appeal, the Supreme Court issued a decision invalidating the mandatory guidelines. The court of appeals applied the new rule to Dunn's sentence on direct review and remanded for resentencing.
Dwight Dorsey raised a Fourth Amendment search claim in a federal habeas petition after his state conviction became final. The federal court declined to reach the merits because the claim had already been litigated and rejected on direct review in state court. The distinction between direct review and collateral attack barred relitigation.
Delilah Duran sought to apply a new Confrontation Clause rule announced after her conviction became final. Because the new rule was not retroactive to cases already final on direct review, the federal habeas court refused to grant relief. The timing of finality on direct review controlled the availability of the new standard.
A judgment becomes final at the conclusion of direct review or the expiration of the time for seeking such review. This point triggers statutes of limitations for habeas petitions and determines whether new rules of criminal procedure apply retroactively.
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Direct review occurs through ordinary appeals to higher courts before the judgment is final. Collateral review, such as habeas corpus, occurs after finality and is subject to stricter standards and procedural barriers.
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Congress may repeal a particular direct-appeal statute and route cases through the courts of appeals with certiorari review remaining available, provided some avenue of Supreme Court review is left open.
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…addition to the conventional appellate process available in all criminal cases, provision is made for special expedited direct review by the Supreme Court of Georgia of the appropriateness of imposing the sentence of death in the particular case. The court is directed to consider "the punishment as well as any errors…