procedural default

Definition of "procedural default"
  1. It's the act of not adhering to the specified rules related to court appeals in a state-level context, which may prevent a federal review, particularly for habeas corpus cases. This can be contested if evidence is provided for a legitimate reason for the default and the detriment caused by it, or if it's proven that this default could lead to a serious miscarriage of justice
How to use "procedural default" in a sentence
  1. The ongoing case was not eligible for federal review due to a procedural default.
  2. The defense lawyer was proving that the procedural default would lead to a miscarriage of justice to have the case reviewed at the federal level.
  3. She claimed cause for and prejudice from the procedural default to push for a federal review of the case.

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