What is a collateral attack on a criminal conviction?

2020-02-04 Kobe Glover

What is a collateral attack on a criminal conviction?

An attempt to impeach or overturn a judgment rendered in a judicial proceeding, made in a proceeding other than within the original action or an appeal from it. A defendant may make a collateral attack on a judgment entered against him or her in some instances.

What does collateral attack mean?

Attack on a prior judgment in a new case (i.e., not by direct appeal). Also called an indirect attack. Examples include habeas corpus petitions and claims that a prior judgment was invalid after the opposing party cites it for strategic advantage in a new case.

What is the difference between a collateral attack on a judgment and a direct attack?

Generally a direct attack is an effort prior to conclusion of the appeal or as an alternative to an appeal, to reform or set aside a judgment within the original action. A collateral attack is a new action or original action filed to attack a prior judgment.

Is habeas corpus a collateral attack?

A “collateral attack” (collateral means “indirect” or “secondary”) on your conviction or sentence can be started by filing a petition for writ of habeas corpus. There are two types of habeas corpus petitions – state court petitions and federal court petitions. They are used at different times and have different rules.

What is the doctrine of collateral estoppel?

The doctrine of collateral estoppel, a common law legacy codified by Ashe v. Swenson 397 U.S. 436 (1970), protects criminal defendants from being tried for the same issue in more than one criminal trial.

What is a direct attack on a judgment?

What is collateral attack in law?

collateral attack. n. a legal action to challenge a ruling in another case. For example, Joe Parenti has been ordered to pay child support in a divorce case, but he then files another lawsuit trying to prove a claim that he is not the father of the child.

How do you attack a void Judgement?

A void judgment which includes judgment entered by a court which lacks jurisdiction over the parties or the subject matter, or lacks inherent power to enter the particular judgment, or an order procured by fraud, can be attacked at any time, in any court, either directly or collaterally, provided that the party is …

What is habeas corpus example?

An example of habeas corpus is if you file a petition with the court because you want to be brought before a judge where reasons for your arrest and detention must be shown. …