Understanding Direct vs Indirect Criminal Appeals and Procedural Pitfalls | What's The Appeal?

I’m tackling the twists and turns of the criminal appellate process—particularly the difference between direct and indirect appeals, also known as post-conviction or habeas corpus actions.

I’m drawing directly from my experiences and real questions that come up in my practice, breaking down what I call the “appellate ladder” that anyone must climb after a conviction, especially here in Ohio.

I’ll explain why you can’t just skip steps in the appeal process, even if it feels like it might save time or money. Skipping a rung can create procedural traps, especially if you’re hoping to take your case up to the federal courts later on. I know how tempting it can be to jump ahead, but I’ll show you why following every step is crucial if you want a real shot at relief.

I’m here to cut through the legal jargon and share practical advice for anyone facing an appeal—or just curious about how the process really works. And yes, I’ll even throw in a Mario Bros. analogy to make it all a bit more fun. Stick around if you want to understand the true “appeal” of appeals!

Moments

00:00 Consider indirect appeal first; it's often more successful and cost-effective than the direct appeal, saving time and legal resources.

03:30 Habeas corpus in federal court is complex; missing technicalities at the state level can lead to case dismissal.

Here are 3 key takeaways from the episode:

• There Are Two Appellate Ladders: The criminal appellate process includes a direct appeal (challenging errors from the trial as recorded in the official record) and an indirect or post-conviction appeal (addressing issues outside the record). Both play crucial roles.
• Don’t Skip Steps: As tempting as it is to save time and money by jumping straight to the “stronger” argument, skipping any step in the ladder can lead to procedural default—meaning federal courts may not even consider your case.
• Strategic Foresight is Vital: Allowing each court level to rule preserves your right to seek relief at the federal level (like habeas corpus). Shortcuts, unfortunately, just aren’t an option in appellate law.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

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