In what circumstances will a defendant be allowed to appeal his classification as a juvenile delinquent?
MultiRegion, United States of America
The following excerpt is from United States v. Kincaid, 476 F.2d 657 (9th Cir. 1973):
In Wills v. United States, 384 F.2d 943 (9th Cir. 1967), we excused the defendant's failure to exhaust administrative remedies for two reasons: first, because his objection to his classification raised a constitutional question "on which the courts have little reason to defer to administrative determination . . ." Id. at 945,2 and second, because
[476 F.2d 660]
the notice of classification from which defendant had not taken an appeal did not tell the full story, to wit, that defendant had been declared a delinquent. The notice of delinquency was not sent until after the time for appeal had expired. Neither factor is present in the instant case.[476 F.2d 660]
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