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Simple English definitions for legal terms

cause-and-prejudice rule

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A quick definition of cause-and-prejudice rule:

Cause-and-Prejudice Rule: In criminal law, if a prisoner wants to challenge their conviction based on a constitutional issue, they must first show that the issue was not available during their trial or that they could not have found it earlier. Then, they must prove with clear evidence that if the constitutional error had not happened, they would not have been convicted. This rule is an exception to the usual procedure and is meant to prevent prisoners from making baseless claims.

A more thorough explanation:

The cause-and-prejudice rule is a legal doctrine in criminal law that applies to prisoners who are petitioning for a federal writ of habeas corpus based on a constitutional challenge. This rule requires the prisoner to demonstrate two things:

  1. The claim is based on either a new rule of constitutional law that was not available during the state court proceedings or a fact that could not have been discovered earlier despite due diligence.
  2. If the constitutional error had not occurred, the prisoner would not have been convicted, and this must be proven by clear and convincing evidence.

For example, if a prisoner is claiming that their conviction was based on an unconstitutional search and seizure, they must show that the search and seizure violated a new rule of constitutional law or that the evidence could not have been discovered earlier despite due diligence. They must also prove that if the evidence had not been obtained through the unconstitutional search and seizure, they would not have been convicted.

The cause-and-prejudice rule is an exception to the procedural-default doctrine, which means that federal courts cannot grant relief on the basis of a constitutional challenge that was not presented at trial unless the prisoner can show good cause for failing to make the challenge at trial and that the trial court's error actually prejudiced the prisoner. Before 1996, the cause-and-prejudice rule allowed federal courts to grant relief on this basis.

causator | cause célèbre

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HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
Give it 4 more weeks at least. Everyone in this chat needs to wait longer.
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