Procedural Default
/ˌproʊsiˈdʒʊrəl dɪˈfɔlt/
Definitions
- (n.) A doctrine barring federal habeas relief when a state prisoner fails to comply with state procedural rules.
The court dismissed the petition due to procedural default.
- (n.) Failure to raise an issue at the appropriate time in trial or on direct appeal, resulting in forfeiture of the issue on habeas review.
The defense attorney's procedural default prevented reconsideration of the claim.
Forms
- procedural default
Related terms
See also
Commentary
Procedural default emphasizes the importance of following proper procedural steps; courts generally require strict adherence to timing and format rules to preserve issues for appeal or collateral attack.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.