What are the consequences of failing to raise a claim on appeal?
MultiRegion, United States of America
The following excerpt is from United States v. Inzunza, CASE NO. 03cr2434 JM, CIVIL NO. 12cv0336 (S.D. Cal. 2012):
The court concludes that the claims raised are procedurally defaulted. Claims that could have been raised on appeal, but were not, are procedurally defaulted. Bousley v. United States, 523 U.S. 614, 621-22 (1998) (habeas review is an extraordinary remedy and will not be allowed to substitute for an appeal). A review of the record reveals that Defendant did not raise his claims on appeal with sufficient clarity to avoid procedural default.
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