Anybody got a jury charge incorporating the new law that took effect September 1? I've got a murder case to try and the defendant's claiming self defense. Basically, the victim threatened to kick his ass over $10. While the defendant was gone to get a shotgun, the victim entered the defendant's house, where he met the defendant's lady friend. She apparently didn't consider this a burglary, because she told him he needed to knock next time,then they went out on the porch and visited. Then the defendant shows back up and after more jawing, blows the unarmed victim's head off with the shotgun.

I'm worried about the new language that says the defendant's belief that deadly force was immediately necessary is presumed to be reasonable if the victim unlawfully and with force entered the defendant's habitation. Although there's no evidence that he entered "with force", I'm worried that the entry was technically unlawful and may get the defense closer to a self defense instruction and an acquittal.

As written, the law seems to allow a defendant to kill somebody a week after they've broken in his house and claim self defense. Help.