Krajcovic v. State
393 S.W.3d 282
| Tex. Crim. App. | 2013Background
- Krajcovic was charged with murder in August 2007 and convicted by a jury, receiving a 55-year sentence.
- The Castle Doctrine became effective September 1, 2007, altering the self-defense framework to permit deadly force without a duty to retreat under certain conditions.
- The trial court refused to give a Castle Doctrine jury instruction; the charge instructed deadly force if a reasonable person would not have retreated.
- Appellant argued the instruction should reflect post-September 1 law; the defense contended the date of the offense could be after September 1.
- Evidence at trial did not affirmatively establish the murder occurred on or after September 1, 2007; timing of the offense was contested.
- The Fort Worth Court of Appeals reversed, remanding for a new trial, holding error in failing to give the Castle Doctrine instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court of appeals erred in applying defensive-instruction law | State argues no evidence supports Castle Doctrine as applicable. | Krajcovic contends any raised defense requires instruction regardless of credibility. | Court of Appeals erred; no affirmative evidence to require Castle Doctrine instruction; reversal of the appellate ruling |
| Whether the lack of Castle Doctrine instruction was harmful | State asserts retreat evidence was absent, so harm analysis is moot. | Krajcovic asserts harm from not delivering post-September 1 law could affect verdict. | Not reached; Court upheld trial court's instruction issue after ruling on the first issue |
Key Cases Cited
- Juarez v. State, 308 S.W.3d 398 (Tex. Crim. App. 2010) (defense instructions must be given if evidence supports them)
- Shaw v. State, 243 S.W.3d 647 (Tex. Crim. App. 2007) (defense raised by evidence requires instruction; rational inference standard)
- Cavazos v. State, 382 S.W.3d 377 (Tex. Crim. App. 2012) (affirmative evidence required for lesser-included defenses)
- Goad v. State, 354 S.W.3d 443 (Tex. Crim. App. 2011) (analysis of affirmative evidence for defenses)
- Mays v. State, 318 S.W.3d 368 (Tex. Crim. App. 2010) (lesser-included instructions require affirmative evidence)
- Bufkin v. State, 207 S.W.3d 779 (Tex. Crim. App. 2006) (treats lesser-included and defensive instructions similarly)
- Druery v. State, 225 S.W.3d 491 (Tex. Crim. App. 2007) (defense instruction framework reiterated)