Piggott v. State
Piggott v. State
Opinion of the Court
Defendant’s Florida conviction became final in December 2002. He had been
On appeal from that summary dismissal, he argues that he was entitled to a hearing to show that, owing to the lack of access to Florida legal materials, the time limit for rule 3.850 relief was tolled while he was incarcerated out of state. He relies on Demps v. State, 696 So.2d 1296 (Fla. 3d DCA 1997) (prisoner held in out-of-state facility without either legal reference materials of Florida or reasonable alternatives is deprived of access to Florida courts in violation of his constitutional rights). Although not cited by defendant, we also take notice of Ramsey v. State, 965 So.2d 854 (Fla. 2d DCA 2007), holding that the trial court should afford defendant the opportunity to show that the limitations period is deemed tolled while he was held out-of-state without access to Florida legal materials. See also Ruiz v. State, 3 So.3d 385 (Fla. 2d DCA 2009) (same).
This district has not adopted Demps. The advance of technology, with its increased access to many kinds of materials and information, raises questions about its continuing validity.
Reversed.
. Fla. R.Crim. P. 3.850(b) (in a noncapital case motion must be filed within 2 years after judgment and sentence become final).
. Demps was decided 12 years ago. Access to legal materials today does not always require actual physical receipt of paper documents. Under current internet technology legal materials may be available from remote locations, even in some prisons.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.