United States v. Sealed Defendant Juvenile Male (4), No. 16-3311 (7th Cir. 2017)Annotate this Case
Order that juveniles submit to psychological evaluation before court ruling on motion to transfer for adult prosecution is not subject to immediate appellate review. Juveniles allegedly robbed a pharmacy. They were charged with Hobbs Act Robbery, 18 U.S.C. 1951(a), and possession of a firearm during that robbery, 18 U.S.C. 924(c). The government sought transfer for adult prosecution, 18 U.S.C. 5032 and moved to have the juveniles examined by government psychologists. The juveniles argued that the examinations—without counsel present—would violate their Fifth and Sixth Amendment rights. The magistrate granted the motion, ordering that the psychologists “not talk … about the specific allegations.” The district court affirmed. The Seventh Circuit dismissed an interlocutory appeal for lack of jurisdiction, without addressing the merits. The order did not fit within the “small class” of nonfinal orders that “finally determine claims of right separable from, and collateral to, rights asserted in the action, too important to be denied review and too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudicated.” The juvenile will not be irreparably harmed by failure to review his constitutional claims now; he can raise these same claims on an immediate appeal if the district court grants the motion to transfer. If the court denies that motion, the government will be prohibited from using at any subsequent prosecution any information obtained during the examination.