FAYETTEVILLE, Ark. (KNWA/KFTA) — On June 6, the United States Court of Appeals for the Eighth Circuit released a document outlining the Criminal Appeal Briefing Schedule following Josh Duggar’s sentencing for his December, 2021 conviction on child pornography charges.
The document begins by detailing half a dozen appeal requirements, including that the court reporter must file the case’s transcript within 40 days of the defense’s filing its notice of appeal. It continues by suggesting that the parties review documents such as a “briefing checklist” and another titled “pointers on preparing briefs.”
The court release then provides five specific filing deadlines:
- Transcript: July 18
- PSI Report: July 18
- Appellant’s Brief (with addendum), from Duggar: August 1
- Appellee’s Brief: 21 days from the date the court issues the Notice of Docket Activity filing the brief.
- Appellant’s Reply Brief: 7 days from the date the court issues the Notice of Docket Activity filing the brief.
The court notes that “dates are only extended upon the filing of a timely motion establishing good cause.”
“An order extending the time for filing a brief also extends the filing date for the responding or replying party’s brief,” the document adds. “Filing dates can also be accelerated if a party files its brief before the due date.”
Counsel were also notified that the court has docketed and numbered the appeal case.
“An order regarding confidentiality is being entered, as this appeal appears to involve a minor victim or child pornography,” the letter states.
The court also notes that failure to meet a deadline could result in dismissal of the appeal.
“Overlength briefs are strongly discouraged,” the court clerk adds. Copies of the document were sent to all attorneys involved with the case.
A two-page attachment addresses the sensitive nature of some of the material involved in the case, stating that “all papers to be filed in court that disclose the name of or other information concerning a child shall be filed under seal without the necessity of obtaining a court order.”
Counsel is further instructed to redact trial transcripts, exhibits and briefs.
On May 25, Duggar was sentenced to 151 months in prison, followed by 20 years of supervised release. He is being held in the Washington County Jail as he awaits transfer to a federal detention center.
