Lockhart v. United States presented the question whether the defendant, who failed to take an administrative appeal from the local draft board's decision denying his conscientious objector application, should be foreclosed from challenging his classification in a subsequent criminal prosecution for draft refusal. The Ninth Circuit, sitting en banc, held that the exhaustion of remedies rule applied, notwithstanding the defendant's unawareness that bypassing the administrative appeal would deprive him of the right to raise a valid defense to the criminal prosecution.
J. Kendrick Kresse,
Application of the Exhaustion Rule in Selective Service Cases,
22 Hastings L.J. 958
Available at: https://repository.uchastings.edu/hastings_law_journal/vol22/iss4/10