Answer to Question 1
D
Answer to Question 2
After a guilty verdict in a trial court, whether from a judge or a jury, all jurisdictions afford the defendant at least one statutory right to appeal. This statutory right to appeal is usually only to an intermediate appellate court. After the appeal, having the case considered further by the state supreme court or SCOTUS is largely discretionary. After a state or SCOTUS hearing or denial of discretionary appeal, a defendant can collaterally attack his or her conviction through a habeas corpus proceeding.
Habeas corpus proceedings are noncriminal (civil) lawsuits and are considered separate cases from the original criminal trial. The defendants in the criminal case are now the plaintiffs or petitioners in the habeas corpus proceeding. They petition the court for a writ on the grounds that they are being unlawfully detained. These habeas corpus proceedings may initially be brought in a state court, but after the state court procedures are exhausted, they can be brought in a United States District Court. From an unsuccessful petition in U.S. District Court, the defendant can appeal to a circuit court of appeals and, ultimately, ask SCOTUS to hear his or her case on a writ of certiorari.
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Set-Point Theory
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