L.J. v. Fryer

The petition for writ of mandamus is construed as a petition for writ of habeas corpus and is hereby granted. By order previously transmitted, we have directed the release of this petitioner from secure detention, with this opinion to follow.

Petitioner L.J., a juvenile, was held in secure detention for more than fifty (50) days, well beyond the provisions of section 39.032(6), Florida Statutes (1989). Subsection (6)(b) provides for a maximum detention period of twenty-one (21) days unless an adjudicatory hearing has been commenced. Subsection (6)(d) provides that the twenty-one day period…