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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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