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Josh Duggar's appeal for fresh trial in ‘child pornography case’ terminated
Josh Duggar was sentenced to prison in May 2022 as he was found guilty of receiving and possessing child pornography in December 2021
Josh Duggar's legal appeal seeking a fresh trial in his 151-month conviction for child pornography, has been terminated. Duggar still has nine years left to serve his sentence in prison at FCI Seagoville near Dallas, Texas. Duggar was sentenced to prison in May 2022 after he was found guilty of receiving and possessing child pornography in December 2021. The appellate court has upheld the lower court's conviction of Duggar and issued a mandate which has been notified to the lower court.
"Upon issuance of the mandate, the jurisdiction of the court of appeals over the case terminates, and the district court acquires jurisdiction to implement the mandate," stated the Court of Appeals on the ruling.
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When was the fresh trial appeal filed?
Duggar's lawyer Justin Gelfand, had filed a request to overturn the conviction and have a new trial in October 2022. Duggar's appeal rested on his stand that law enforcement authorities had allegedly seized his phone while he was trying to contact legal counsel during a raid at his car lot a year and a half prior to his arrest.
"[Duggar] takes out his phone, physically puts it to his ear... for the purpose of contacting his legal counsel. Federal agents physically took the phone out of his hand and deprived him of the ability to communicate with his legal counsel," said Duggar's lawyer Gelfand in court. The Judge then questioned why Duggar didn't make the phone call from somewhere else.
"This lot was accessible only by a highway with no sidewalk, it was in the middle of nowhere. There was nowhere to go. The vehicle he came in was searched, he had no access to it. The keys to the other vehicles in the car lot were in the office. He wouldn’t be allowed to enter without an escort," explained Duggar's lawyer Gelfand.
However, ultimately, the appellate panel rejected his argument because Duggar was not arrested by the federal agents during the raid.
"To the contrary, he ended the interview on his own and then left the dealership – hardly an option available to someone in custody. We accordingly affirm the judgment of the district court," the court ruled.
