State v. Boyett

Deborah Rhodes and Renate Wilder had once been a couple and remained close after their romance ended, continuing to live together until Wilder became involved with Cecil Boyett (defendant), eventually replacing Rhodes with Boyett both romantically and at her business, at which point Rhodes moved out and Boyett moved in. Shortly before Wilder and Boyett's planned wedding, Wilder left home to spend time with Rhodes without telling Boyett where she was going; Boyett suspected but could not confirm she was with Rhodes. After Wilder returned to Boyett, Rhodes came to their house and knocked; sometime after the door opened but before Rhodes crossed the threshold, Boyett shot and killed her. Boyett was charged with first-degree murder and testified he believed Rhodes was reaching for a gun she often carried, and that he fired in self-defense, defense of Wilder, and defense of habitation. The trial court refused to instruct the jury on defense of habitation because Rhodes had not yet crossed the threshold, and Boyett was convicted and appealed.