17 Although as a general rule, I wouldn’t recommend filing such an affidavit unless you really believe that this is the only option available to you; because that will probably keep your case from getting heard in court at all (if other options aren’t also possible, and if there isn’t some good reason for believing those other options may not be successful). What’s more, I’d strongly urge anyone who chooses to file such an affidavit to make sure they’ve read and understood the request thoroughly before they sign it — because it could well be interpreted as a waiver of their right to challenge their own conviction on appeal if they’re later able to establish that there was no “good” cause under which the trial judge or prosecutor would have reasonably allowed them to do so after signing it.
18 Is this true? If so, couldn’t one argue that since the government waived its right notarize by failing to respond within three days time period specified by statute…that we should now consider our claim based upon timeliness dismissed? Like we said: We can always go back & file another motion if we fail here! Do you think we stand a chance at winning without knowledge of how much time has pasted since FBI guy received letter from DOJ about our case?? Would help us with timing issue btw :p