Cause-and-Prejudice Standard

Cause-and-Prejudice Standard

Definition

A standard of proof that appears in federal habeas corpus jurisprudence that requires a petitioner to show (1) cause excusing some error or oversight in a prior criminal proceeding (usually failure to develop facts or a legal claim) and (2) that some actual prejudice would occur if the merits of the case are not reached by the federal habeas court.

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