procedural default

noun

: a failure to follow state appellate procedure (as in the exhaustion of state remedies) that bars federal especially habeas corpus review of a case in the absence of a showing of cause for and prejudice from the failure or sometimes in the absence of proof that the bar would result in a miscarriage of justice

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Cite this Entry

“Procedural default.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, https://www.merriam-webster.com/legal/procedural%20default. Accessed 18 Apr. 2024.

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