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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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