“U.S. District Judge Timothy L. Brooks heard testimony Wednesday on whether Duggar got his motion in the prison mail before the filing deadline, but the judge said he will issue a written ruling later.
The issue is key because the ‘prison mailbox rule’ states that if a document is mailed by an inmate from prison, the day it is mailed counts as the filing date.
If Duggar missed the deadline, his motion to vacate cannot proceed, according to Brooks.”
“Duggar claims he sent two copies, one to the Federal Clerk's Office and one to the U.S. Attorney's Office. Neither appeared to have been mailed on the June 28 deadline, according to Roberts.”
“The one sent to the Federal Clerk's Office was received on Aug. 18, nearly two months after the filing deadline, according to Roberts.”
FAYETTEVILLE --Josh Duggar is about four years into his 12½-year federal sentence for possessing depictions of child sexual abuse, but he'll have to wait a little longer to find out if he can proceed with an attempt to have his sentence vacated or receive a new trial.
www.nwaonline.com
Geez, why wouldn’t anyone believe Josh was being honest about when he put the letters in the mail? (said me dripping with sarcasm)
Oh, yes, and Anna helped him write the motion to vacate. Anna needs to be senr to a kool aid addiction treatment center.
