Procedural default
Encyclopedia
Procedural default is a concept in American Federal Courts law that requires a state prisoner seeking a writ of Habeas Corpus
in federal court to have "present[ed] his federal law argument to the state courts [on direct review] in compliance with state procedural rules. Failure to do so will bar any attempt to present that argument to the federal courts on collateral review. A petitioner may evade this bar only by showing 'cause' and 'prejudice' for the default -- that is, by stating a good reason for not presenting the federal claim to the state courts, and by showing that the federal error worked to the petitioner's 'actual and substantial disadvantage.'" Ernest Young, Institutional Settlement in a Globalizing Judicial System, 54 Duke L. J. 1143, 1166 (2005) (footnotes omitted).
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
in federal court to have "present[ed] his federal law argument to the state courts [on direct review] in compliance with state procedural rules. Failure to do so will bar any attempt to present that argument to the federal courts on collateral review. A petitioner may evade this bar only by showing 'cause' and 'prejudice' for the default -- that is, by stating a good reason for not presenting the federal claim to the state courts, and by showing that the federal error worked to the petitioner's 'actual and substantial disadvantage.'" Ernest Young, Institutional Settlement in a Globalizing Judicial System, 54 Duke L. J. 1143, 1166 (2005) (footnotes omitted).