Zeszotarski filed a Petition for Rehearing En Banc on behalf of MacDonald on 2/4/2019. He is essentially unhappy with the way the 4th Circuit marshaled the evidence in rendering their opinion and is throwing a tantrum and insisting that MacDonald's evidence destroyed the prosecution's entire case. roflmao!
The petition was filed exactly 45 days to the day when the decision was released.
Local Rule 40(c). Time Limits for Filing Petitions.
The Court strictly enforces the time limits for filing petitions for rehearing and petitions for rehearing en banc. The Clerk's Office will deny as untimely any petition received in the Clerk's Office later than 45 days after entry of judgment in any civil case where the United States, or an agency or officer thereof is a party, or 14 days after the entry of judgment in any other case. The only grounds for an extension of time to file a petition, or to accept an untimely petition, are as follows:
i. the death or serious illness of counsel, or of a member of counsel's immediate family (or in the case of a party proceeding without counsel, the death or serious illness of the party or a member of the party's immediate family); or
ii. an extraordinary circumstance wholly beyond the control of counsel or of a party proceeding without counsel.
Petitions for rehearing and petitions for en banc rehearing from incarcerated persons proceeding without the assistance of counsel are deemed filed when they are delivered to prison or jail officials. All other such petitions are deemed filed only when received in the Clerk's Office.
Some of us have been talking off-line and wonder if the Clerk is going to accept this filing since this is not a Civil action the time limit should be 14 days (at least that is what I read).
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