FUNDAMENTAL-MISCARRIAGE-OF-JUSTICE EXCEPTION
fundamental-miscarriage-of-justice exception.The doctrine allowing a federal court in a
habeas corpus proceeding to address a claim of constitutional error that, although ordinarily
unreviewable, is subject to review because of a state-court procedural default that rendered the
proceedings basically unfair. • For the exception to apply, among other things, the petitioner must
show by a preponderance of the evidence that constitutional error resulted in the conviction of one
who is actually innocent. If the defaulted claim applies only to sentencing, the exception permits
review of the claim if the petitioner shows by clear and convincing evidence that, but for the
constitutional error, no reasonable judge or jury would have imposed the sentence that the
petitioner received. [Cases: Habeas Corpus 401.][Blacks Law 8th]