Ct. of Appeals lacked jurisdiction to consider juvenile’s appeal of Dist. Ct. order directing him to make himself available to govt. psychologist for purpose of gathering information for subsequent determination as to whether he could be transferred to adult court for prosecution on Hobbs Act robbery charge. While Ct. of Appeals would have jurisdiction to consider any appeal of Dist. Ct.’s transfer order, instant order was not final “collateral order,” where: (1) juvenile failed to show that he would incur irreparable harm if his claim is not reviewed at this juncture; and (2) defendant can raise same claim if Dist. Ct. grants govt. motion to transfer case to adult court. Moreover, Ct. noted that juvenile’s claim that psychological examination without presence of his counsel violated 5th and 6th Amendments has been rejected by three other Courts of Appeals.
Federal 7th Circuit Court
Criminal Court
Appellate Jurisdiction