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

Conference history
Distributed for 1 conference

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)