Josh Duggar has hit another roadblock in his attempt to get out of prison.
A prosecutor has now accused the former reality star of breaking rules in his latest appeal filing, according to court documents obtained by The U.S. Sun.
The documents claim that the papers Duggar, 37, filed had no postmark, indicating that his filing was “physically dropped” at the clerk’s office, the prosecution alleges. “This is problematic for Duggar, because the prisoner does not get the benefit of the mailbox rule if he mails his pleading to third parties, as intermediaries, who then mail them to the court for filing.”
The prison mailbox rule was created by a 1988 U.S. Supreme Court decision, which states that an inmate’s documents are considered officially filed on the date they give it to authorities to mail, not when it reaches the court, according to Fordham Law Review.
“Duggar has failed to satisfy his burden regarding the prison mailbox rule given the contradictory, inexplicable evidence, and therefore his motion is untimely,” the prosecution wrote, requesting that his “motion to vacate, set aside, or correct sentence by a person in federal custody be denied.”
The father of seven — who rose to fame alongside his family on TLC’s 19 Kids and Counting before it was canceled amid molestation charges made against him — was convicted on child pornography charges in 2021.
Duggar, who is now representing himself, has maintained his innocence and filed multiple appeals for a new trial while serving 151 months at FCI Seagoville in Dallas, Texas.
In his latest appeal, Duggar claims his “constitutional rights” were “violated” and he was “deprived of a fair trial,” according to The Sun, which reports that the appeal remains pending.
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As Globe previously reported, Duggar has allegedly been cut off by his famous family and receives no other income in prison.
Meanwhile his wife, Anna, breeds and sells golden retriever puppies for $2,000 each and lives in a $1 million Arkansas home purchased by Duggar patriarch Jim Bob earlier this year, according to The Sun.
Duggar is set to be released on December 23, 2032.