ILNews

Court rules on self-defense statute

Michael W. Hoskins
January 1, 2007
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Indiana's highest court says the phrase "reasonably believes" in the state's self-defense statute requires a person to have subjective belief that force was necessary to prevent serious bodily injury and that actual belief was one any reasonable person would have had under the circumstances.

The Indiana Supreme Court issued its unanimous decision Wednesday afternoon in Philip Littler v. State of Indiana, No. 71S03-0704-CR-151, reversing a ruling by St. Joseph Superior Judge Roland Chamblee Jr.

The case involves a gun and knife fight between two teenage brothers in December 2004. Eighteen-year-old Neal Littler went to his grandmother's house to visit his brother, Philip, and the two got into an argument. Fighting escalated, Neal threatened Philip with a knife pulled from a kitchen drawer, and Philip eventually pulled a handgun and fatally shot Neal in the head.

He was originally charged with voluntary manslaughter and possession of a handgun, but later charges were amended to include murder. Littler claimed self-defense, but at trial the judge excluded testimony from the mother regarding Neal's prior conduct. He received a 50-year sentence for murder. The Court of Appeals affirmed in a memorandum opinion in December, and the justices granted transfer.

In its opinion, the Supreme Court noted that an abrupt movement by Neal prompted Philip to fire the handgun from about three feet away because of a thought his brother would stab him; this belief was fueled by Philips awareness of previous incidents where his brother had stabbed people and also that he was in a manic state at the time. A 14-year-old cousin also confirmed the story, the justices pointed out, and the mother's testimony should have been allowed for the same reason.

Authoring Justice Brent Dickson wrote that excluding her testimony was not a harmless error, as the state contended.

"The mother's testimony confirming Neal's numerous prior stabbings, his mental condition, and his history of violent behavior would be very probative and relevant to the jury's evaluation of the objective reasonableness of Philip's belief that he needed to use force against Neal and would also lend credibility to (his) assertions," the court wrote. "We cannot conclude that the exclusion of the mother's testimony did not affect Philip's rights. The harmless error doctrine does not apply here, and we reverse Philip's conviction."

This reversal applies to the murder conviction, and a new trial is now ordered in St. Joseph Superior Court.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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