Supreme Court of the United States · Official docket →
Anthony Brian Walker v. United States
IFP petition · United States Court of Appeals for the Tenth Circuit, No. 23-7038 · judgment March 4, 2025
Questions presented
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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?
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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
- Oct 06 2025Petition DENIED.
- Sep 11 2025DISTRIBUTED for Conference of 9/29/2025.
- Sep 05 2025Waiver of right of respondent United States to respond filed.
- Aug 15 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2025)