IN THE INTEREST OF M.N., A CHILD
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A juvenile held beyond the five-day statutory limit before commitment placement is entitled to habeas relief under Florida law, though the writ's issuance is withheld where placement has already occurred.
A juvenile held longer than five days before placement into a commitment program is entitled to habeas relief regardless of overcrowding or other operational constraints.
[1] A juvenile detained beyond the statutory five-day period before commitment placement is entitled to habeas relief without regard to overcrowding or operational constraint…
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Join FLexlaw to unlock all legal intelligence“a petitioner juvenile in such circumstances is entitled to habeas relief, notwithstanding the physical overcrowding of commitment programs or any other explanations for failure to comply with section 959.12, Florida Statutes (1987)”
Court's statement of the controlling legal standard established in prior consolidated cases
M.N., a juvenile, was held for longer than five days before placement into a commitment program through the Department of Health and Rehabilitative Se…
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PER CURIAM.
This case was filed as an emergency-petition for writ of mandamus in which petitioner M.N., a juvenile, was held for longer than five days before placement into a commitment program through the Department of Health and Rehabilitative Services. This court in In the Interest of A.B., a child, et al., 553 So. 2d 1349 (Fla.1989) (consolidated with fifteen other cases), has stated that a petitioner juvenile in such circumstances is entitled to habeas relief, notwithstanding the physical overcrowding of commitment programs or any other explanations for failure to comply with section 959.12, Florida Statutes (1987).
Accordingly, the petition in this case shall be treated as a petition for writ of habeas corpus, and granted, but issuance of the writ shall be withheld in light of the respondent’s representation to this court that the petitioner juvenile has since been placed into a commitment program.
Finally, as the petition is to be construed as seeking habeas relief, the Department of Health and Rehabilitative Services has been removed from the style of these cases, and the proper substitute respondent is Ron Fryer, Superintendent of the Bro-ward Regional Juvenile Detention Center. HERSEY, C.J., and LETTS and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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In the Interest of M.C., 567 So. 2d 1038 (Fla. 4th DCA 1990)…ion Center for more than the five day maximum period before placement into a commitment program as required by section 959.12, Florida Statutes (1989). This is only one of many such cases which have been filed in this court; In the Interest of M.N., 556 So. 2d 510 (Fla. 4th DCA 1990); In the Interest of A.B., 553 So. 2d 1349 (Fla. 4th DCA 1989) (consolidation of sixteen similar cases). In fact, petitions like this one are so common that the public defender’s office uses a form petition and argument to present…
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Lanza v. Polanin, 581 So. 2d 130 (Fla. 1991)…McDONALD, Judge. We review Lanza v. Polanin, 556 So. 2d 510, 512-13 (Fla. 4th DCA 1990), in which the district court certified the following question to be of great public importance: We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the certified question in the negative and quash the district…
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Farrell v. Fisher, 578 So. 2d 407 (Fla. 4th DCA 1991)…g said all that, we feel compelled nevertheless to be guided by our own precedents until the supreme court crafts the exception which appropriate application of the rule seems to require in cases like this one. Thus, in accord with Lanza v. Polanin, 556 So. 2d 510 (Fla. 4th DCA), juris, accepted (Fla. Feb. 23, 1990) (No. 75,579), we hold that Fisher is entitled to the protection of the fireman’s rule. As we did in Lanza, in slightly different language, we certify to our supreme court the following question:…
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- In the Interest of A.B., 553 So. 2d 1349 (Fla. 4th DCA 1989)