Josh Duggar Will Remain In Prison For 9 More Years After Appeal Denied
By Afouda Bamidele on October 10, 2023 at 3:00 PM EDT
Updated on October 10, 2023 at 3:45 PM EDT
Josh Duggar's last effort to be freed from prison was just denied, and the disgraced reality star will have to serve out the rest of his 12-year sentence.
The '19 Kids And Counting' star, who was convicted on child pornography charges in May 2022, has had his appeal terminated after arguing to get a new trial in the case.
Josh Duggar To Serve His Remaining Nine-Year Sentence
Duggar's lawyer Justin Gelfand filed an appeal in October 2022, asking for the court to overturn the guilty conviction given to his client and grant them a new trial. However, after a year of deliberating on October 5, the 8th U.S. Circuit Court of Appeals denied the request for a new trial.
In Duggar's appeal, his lawyers claimed that federal agents seized Duggar's phone when he tried to contact his lawyers during a car raid.
"[Duggar] takes out his phone, physically puts it to his ear... for the purpose of contacting his legal counsel," the attorney said during a February 16 appeal hearing in Missouri. Adding, "Federal agents physically took the phone out of his hand and deprived him of the ability to communicate with his legal counsel. He was told he was free to go. No reasonable person in his shoes at that time would believe that."
However, the prosecution argued that during the raid Duggar was not informed that he was in custody, so he had the right to leave the venue and make a call to his lawyer at any time.
Based on Gelfand's claim about the agents obstructing his client's access to his legal counsel, the court still ruled that it was not enough basis for a new trial.
"It is true that the agents read him his Miranda rights, which ordinarily might leave someone with the impression they are in custody," read an excerpt of the ruling obtained by The US Sun. "But when Duggar signed a form acknowledging his rights, he had the agents 'scratch out' the portion saying that he was being 'taken into custody."
It continued, "The second and third factors also favor the government. Duggar sat in the front passenger seat of the agents’ truck during the interview. They did not handcuff him, the doors remained unlocked, and he entered and exited the front seat of the vehicle on his own."
Basically, the court argued that Duggar "voluntarily acquiesced" to an interview with the agents and was not arrested after the questioning, meaning that he was not in any way in custody.
It concluded, "We accordingly affirm the judgment of the district court," the judgment concluded.
However, Duggar's legal team doesn't seem to be giving up as Gelfand filed for an "extension of time within which he may file his petition for rehearing in this case." Luckily, it was granted.
In his petition for rehearing, the lawyers argued that Duggar's employee was not considered a suspect even though he was the only other person who used the laptop that was used to convict his client.
For now, Duggar will remain behind bars, with little hope of getting out early.