KRAJCOVIC v. State, 351 S.W.3d 523

Krajcovic was convicted of murder and sentenced to 55 years in prison; the jury trial occurred after allegations of self-defense and pre/post Castle Doctrine timing.
Evidence showed Shawn Scales died in late August 2007 with the body discovered September 6, 2007, in Appellant's home bathroom.
There was conflicting testimony about whether the killing occurred before or after September 1, 2007, the effective date of the Castle Doctrine.
Police and witnesses placed Shawn's last حضور at the end of August 2007; the body’s condition suggested death in August, while some testimony suggested September.
Appellant argued the trial court erred by not instructing on self-defense under the Castle Doctrine for deaths occurring on or after September 1, 2007; the State argued no need for exact dating.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by omitting a Castle Doctrine self-defense instruction.	Krajcovic argues the death could have occurred on/after Sept. 1, 2007; entitles self-defense instruction.	Evidence did not clearly place the death after Sept. 1; no duty to retreat instruction required.	Error; court sustained the issue and remanded for new trial.

Abdnor v. State, 871 S.W.2d 726 (Tex. Crim. App. 1994) (jury-charge error reversibility; Almanza standard cited)
Miller v. State, 815 S.W.2d 582 (Tex. Crim. App. 1991) (weight of evidence in evaluating jury instructions)
Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1985) (standard for evaluating jury-charge error (harm analysis))
Shaw v. State, 243 S.W.3d 647 (Tex. Crim. App. 2007) (cite regarding timing and factual issues in self-defense development)
Davis v. State, 268 S.W.3d 683 (Tex. App. Fort Worth 2008) (discussion of retrospective application of Castle Doctrine)