In the case of Houston v. Lack, Warden (1987), the United States Supreme Court ruled that a pro se prisoner's notice of appeal is considered filed at the time it is delivered to prison authorities for mailing, not when it is received by the court clerk. This ruling became known as "the mailbox rule". The decision was based on Leonard Houston’s habeas corpus petition which had been dismissed by a federal district court and his subsequent appeal was rejected because it arrived four days past deadline. However, he argued that he had given his notice to prison officials within required timeframe but they delayed in mailing it out. The Supreme Court agreed with him stating that prisoners cannot control mail delivery and should not be penalized for delays caused by their custodians.

In the dissenting opinion for Houston v. Lack, Warden, 1987, Justice O'Connor argued that the majority's ruling was inconsistent with both historical practice and common sense. She contended that a prisoner's notice of appeal should be considered filed when it is delivered to prison authorities for mailing - not when it arrives at the court clerk’s office as ruled by the majority. The justice believed this approach would create unnecessary confusion and inconsistency in determining filing dates across different jurisdictions. Furthermore, she expressed concern about potential abuse of this rule by prisoners who might deliberately delay sending their notices to gain extra time for preparation or strategic advantage.