J.B., A CHILD, PETITIONER,
v.
LARRY LUMPEE, SUPERINTENDENT OF THE HILLSBOROUGH REGIONAL DETENTION CENTER, AND THE HONORABLE JAMES P. CALHOUN, CIRCUIT JUDGE OF THE THIRTEENTH CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, RESPONDENTS

Fla. 2d DCA | 1984-03-22
No. 84-588
450 So. 2d 1286 Florida District Court of Appeal, Second District (1984) Positive Treatment
Cited by 4 cases


Opinion of the Court

This case is before us upon the Petition for Writ of Habeas Corpus filed by J.B., a child, and the response filed by the State of Florida to the rule to show cause heretofore entered by this Court.

Upon consideration it appears that the petitioner is held in secure detention under an extension order of the Circuit Court entered on March 20, 1984, pursuant to the authority granted in Chapter 39.032(6)(d), Florida Statutes (1983).

It further appears from the record of the Circuit Court proceedings that there was no competent evidence upon which the court could predicate a finding of good cause to extend the detention care of the child for more than twenty-one (21) days without an adjudicatory hearing. Therefore, it is

ORDERED that the Petition for Writ of Habeas Corpus is granted and the child, J.B., shall forthwith be released from detention care to await further proceedings in the Circuit Court.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • B.G. v. Fryer, 570 So. 2d 430 (Fla. 4th DCA 1990)
    …plete. Id. at 713. However, merely parroting this language in a form motion or at a hearing without any supporting, competent evidence or specificity does not constitute “good cause” under section 39.-032(6)(d), Florida Statutes. In J.B. v. Lumpee, 450 So. 2d 1286 (Fla. 2d DCA 1984), the Second District Court of Appeal said that a finding of “good cause” must be predicated on a record containing competent evidence of the reasons for continuing the maximum twenty-one day detention period before an adjudicatory…
  • E.D. v. State, 966 So. 2d 994 (Fla. 5th DCA 2007)
    …ied the motion. E.D. then filed the instant petition seeking habeas corpus relief in our court. The mere granting of a continuance by the trial court does not establish “good cause” for purposes of the juvenile detention statute. In J.B. v. Lumpee, 450 So. 2d 1286 (Fla. 2d DCA 1984), the district court held that a finding of good cause must be predicated on a record containing competent evidence of the reasons for continuing the detention period. In B.G., C.W. & B.O. v. Fryer, 570 So. 2d 430 (Fla. 4th DCA 199…

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