[4] Congress and state legislatures may enact regulations on these proceeding, such as time limits for the filing post-conviction motions, in efforts to reduce judicial caseloads.
In Murray v. Carrier, the Supreme Court ruled that the concept of fundamental error applies to those cases in which the defendant was probably ... actually innocent."
In Murray v. Carrier, the Supreme Court ruled that the concept of "fundamental miscarriage of justice" applies to those cases in which the defendant was probably actually innocent.
[7] A fundamental error occurs whenever there is a failure to prove beyond a reasonable doubt every element of the charged offense.
In United States v. McClelland, the United States Court of Appeals for the Ninth Circuit held that "the failure to properly instruct the jury on [the required] element of a crime constitutes fundamental error".
[8] A fundamental error occurs whenever a defendant stands convicted of conduct that is not criminal.
If a defendant is convicted and punished for act that law does not make criminal, it "inherently results in a complete miscarriage of justice" and presents "exceptional circumstances" which justify collateral relief.