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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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