Supreme Court Report

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Anthony Brian Walker v. United States

IFP petition · United States Court of Appeals for the Tenth Circuit, No. 23-7038 · judgment March 4, 2025


Certiorari denied · October 6, 2025

Questions presented

  1. 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?

  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 includes “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”?

Counsel of record

For petitioner
Daniel Lee Kaplan
Office of the Federal Public Defender

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Sep 11 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Sep 05 2025
    Waiver of right of respondent United States to respond filed.
  4. Aug 15 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2025)