No. 25-5710

Philip Alejandro Powers, III v. United States

Lower Court: Ninth Circuit
Docketed: 2025-09-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: affirmative-defense criminal-act criminal-law greater-evil justification-doctrine necessity-defense
Latest Conference: 2025-10-17
Question Presented (AI Summary)

Whether a person compelled to commit a criminal act to avert a greater evil can be denied the necessity defense if an alternative 'safer' method existed

Question Presented (OCR Extract)

Should a person who is compelled to commit a criminal act in order to avert a greater evil be denied the protection of the necessity defense if he could have committed the criminal act in a “safer” manner?

Docket Entries

2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-09-30
Waiver of right of respondent United States to respond filed.
2025-09-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2025)

Attorneys

Philip Powers, III
Daniel Lee KaplanOffice of the Federal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent