Thompson v. State

VILLANTI, Judge.

I fully concur in this opinion but write to address a burden of proof issue that arises from the supreme court’s decision in Thompson. The premise of Thompson is that the timeliness of prisoner mailings is determined based on the date the prisoner places the petition or other notice in the hands of prison officials for mailing. 761 So.2d at 326. That date is determined solely from the date alleged in the prisoner’s sworn certificate of service and not from the date those officials actually forward that mail to the clerk of court. Id. This presumption arises because prisoners…