People v. Clayborn

The State took a juvenile into custody and charged him with being a delinquent, but failed to hold a hearing within 36 hours to justify his detention. Instead, it obtained a continuance to a more convenient date. The juvenile was entitled to release once the State failed to give him a prompt hearing within the 36 hours specified by statute. The statutory mandate is clear and should have been followed.

Darrell Clayborn was taken into custody on Friday, May 30, 1980, at about 2 p.m. A petition for adjudication of wardship was filed immediately. The next day he was taken before a judge who…