No. 25-5429

Anthony Brian Walker v. United States

Lower Court: Tenth Circuit
Docketed: 2025-08-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: affirmative-defense criminal-procedure jury-instructions self-defense sua-sponte substantial-evidence
Key Terms:
DueProcess
Latest Conference: 2025-09-29
Question Presented (AI Summary)

In a criminal prosecution, when an affirmative defense such as imperfect self-defense is supported by substantial evidence, does the trial court have an obligation to instruct the jury on that defense sua sponte, even if defense counsel does not request the instruction?

Question Presented (OCR Extract)

1. In a criminal prosecution, when an affirmative defense—such as imperfect self -defense—is supported by substantial evidence, does the trial court have a n obligation to instruct the jury on that defense sua sponte, even if defense counsel does not request the instruction? 2. Did the court of appeals improperly fail to follow its own precedent in holding that a proffered jury instruction fails to preserve the defense of imperfect self-defense unless it inclu des “essential” language providing that the defendant “subjectively believed that the use of deadly force was necessary to prevent death or great bodily harm to himself or others, even though his belief was not objectively reasonable”?

Docket Entries

2025-10-06
Petition DENIED.
2025-09-11
DISTRIBUTED for Conference of 9/29/2025.
2025-09-05
Waiver of United States of right to respond submitted.
2025-09-05
Waiver of right of respondent United States to respond filed.
2025-08-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2025)

Attorneys

Anthony Walker
Daniel Lee KaplanOffice of the Federal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent