The following excerpt is from Alston v. Macomber, No. 2: 14-cv-1500 JAM KJN P (E.D. Cal. 2016):
When a state prisoner has defaulted on his federal claim in state court pursuant to an independent and adequate state procedural rule, federal habeas review of the claim is barred unless the prisoner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law, or demonstrate that failure to consider the claims will result in a
Page 10
fundamental miscarriage of justice. Coleman v. Thompson, 501 U.S. 722, 750 (1991).
2. Analysis: Are Claims Defaulted?
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.