No. 25-5230

Victor Samuel Brito v. United States

Lower Court: Ninth Circuit
Docketed: 2025-07-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process fifth-amendment jury-instruction necessity-defense sixth-amendment
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether the Fifth and Sixth Amendments guarantee a criminal defendant the right to have a jury consider and give effect to a necessity defense when there is any foundation in the evidence, and whether the trial court violated this right by precluding the necessity defense entirely

Question Presented (OCR Extract)

I.Whether the Fifth and Sixth Amendments guarantee a criminal defendant the right to have a jury consider and give effect to a necessity defense when there is any foundation in the evidence, and whether the trial court violated this right by precluding the necessity defense entirely. 2

Docket Entries

2025-10-06
Petition DENIED.
2025-08-07
DISTRIBUTED for Conference of 9/29/2025.
2025-08-04
Waiver of United States of right to respond submitted.
2025-08-04
Waiver of right of respondent United States to respond filed.
2025-07-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2025)

Attorneys

United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Victor Brito
Stephen Jonathan YoungLaw Office of S. Jonathan Young, Petitioner
Stephen Jonathan YoungLaw Office of S. Jonathan Young, Petitioner