Procedural-Default Doctrine

Procedural-Default Doctrine

Definition

The principle that a federal habeas corpus petitioner or a federal prisoner attempting to vacate or modify a federal conviction under 28 U.S.C. § 2255 may not raise a claim that was not properly raised at trial, during direct appeal, or in state-court collateral proceedings (if applicable), unless the person shows (1) cause excusing the procedural default and (2) actual prejudice resulting from the claim.

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