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]