Supreme Court Report

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Philip Alejandro Powers, III v. United States

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 23-2218 · judgment February 24, 2025


Certiorari denied · October 20, 2025

Question presented

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?

Counsel of record

For petitioner
Daniel Lee Kaplan
Office of the Federal Public Defender

For respondent
D. John Sauer
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 20, 2025 · Certiorari denied

Proceedings

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