” For instance, if you enter my habitation by accident and I kill you, I have a justification defense regardless of your mens rea in this state because I may not have time to establish it.”
If you do you better get a real lawyer. I suggest that if younrally believe that, go talk to some lawyers before you get into serious trouble.
Fortunately for me, I do, and I know the law. One of my best friends has bar privileges for the SCOTUS and regularly argues cases before the high court. He's a constitutional scholar and practices law here in Texas (San Antonio). So, I feel very confident (after many conversations with him) about what I am saying. Had Botham Jean shot Amber Guyger in his home after she entered HIS home, her mens rea would not be an issue....only the fact that she had most certainly violated TPC 30.05 (the Actus Reus). Of that, there is NO doubt. A door of one's home has LONG legal standing as something that is designed to exclude intruders.