Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

procedural-default doctrine

Read a random definition: protected activity

A quick definition of procedural-default doctrine:

The procedural-default doctrine is a rule that says if someone files a habeas corpus petition in federal court, but they didn't follow the correct procedures in state court, then the federal court can't review the case. This means that if the state court refused to hear the case because the person didn't follow the rules, then the federal court can't do anything about it.

A more thorough explanation:

The procedural-default doctrine is a principle that states that a federal court cannot review the merits of a habeas corpus petition if a state court has refused to review the complaint due to the petitioner's failure to follow reasonable state-court procedures.

For example, if a person is in prison and files a habeas corpus petition claiming that their constitutional rights were violated during their trial, but they did not follow the proper procedures for filing the petition in the state court, the federal court cannot review the petition. The petitioner must first exhaust all available state court remedies before seeking relief in federal court.

This doctrine is based on the idea that state courts should have the opportunity to correct any errors before a federal court intervenes. It also encourages petitioners to follow proper procedures in state court before seeking relief in federal court.

procedural consolidation | procedural main motion

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
LSD+ is ad-free, with DMs, discounts, case briefs & more.