collinerik
Joined: 04 Jul 2013
Posts: 10
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 Posted: Thu Jul 04, 2013 10:36 am Post subject: The difference between a writ and an appeal? |
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Writs usually are considered to be extraordinary remedies, meaning they are permitted only when the defendant has no other adequate remedy, such as an appeal. In other words, a defendant may take a writ to contest a point that the defendant is not entitled to raise on appeal. As a general rule, this applies to issues that are not apparent in the record of the case itself (such as when an attorney fails to investigate a possible defense).
Any one of the following reasons, for example, may prohibit an appeal (and justify a writ):
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