screen was convicted of the second degree murder of johnny johnson however the trial court erred and failed to properly apply the law to the facts of this case or the state failed to disprove beyond a reasonable doubt that lawrence had a reasonable even the need to use the force that he did to defend himself the indisputed facts they came out at trial was that johnny was at home with katherine greene lawrence's mother he was intoxicated had hit her lawrence with a baseball bat and hit him twice in the back and in the way we know that a fight ensued they ended up on the ground in tangled wrestling lawrence at some point ended up on top of johnny and had punched him and ultimately used a baseball bat one of the witnesses said that while this was happening jonny continued to struggle continue to move his arms and legs the extricate himself from the situation we do the statement that listen to purportedly made to the detective that he appeared knocked out and appeared not to be moving she denied making that statement at trial but even assuming that she had  statement it's not enough to show that he had been sufficiently subdued where his suspicions to where it's safe for him to walk away and so if he peered like we don't know if he appeared to be knocked out for she turned back toward the fight the defendant was standing hitting the deceit and top of the head with the bat now there's plenty of fish law out there so that once continued to struggle and i'm not sure that it's clearly we don't know why he was straight but this is also a person even after he had been beat in the head with a bat but it took three paramedics to subdue this guy and they were not everything that happened after the defendant left the scene could not possibly bear on his reasonable belief of hitting somebody in the head lying on the ground with a baseball so so confine yourself to the t confronted with somebody who approaches them with a baseball bat the starts beating on them and although the certain other even if he may not have known of the circumstances before he arrived or after he laughed those support his theory of the case we know that this was a guy that was in such a violent state of mind that he was hitting a woman while she's holding a child threatening people with it threatening the women in the house and afterwards you look at self defense cases you would need evidence it's called lynch material that comes in to show even if the defendant is not aware of the attacker state of mind this evidence as well as relevant to show to support his theory of the case and to show that this was a violent person that he was defending himself against so are you saying it was a reasonable looting that the that he was no longer had no reason of being fair first life when you have a person who is as violent as johnny was all we know is that he appeared to one witness to be knocked out but he was still struggling he was still coming defense the burden goes to the state to prove that the belief is unreasonable and so they didn't present anything more then as a passing statement that she appea but we also know he was failing and struggling and we know that the violent character of this person i would say that the perception of a reasonable person caught up by a person trial court found him guilty of second degree murder and not first degree murder without any of that evidence about how combative he was after the event and the floor he would have been guilty of straight for scream murder it was that evidence of his combativeness afterwards and having people no evidence as to how much time it was no i don't know how long it had to hold up i was mr green to you know you say he was he was on top of a mini i mean it's a that's the bit in here you have somebody who's out of control apparently he was the victim's head in her hand and their hands that blood was pouring out of his mouth in his ears so we know that there was a black but your honour's we know for sure that when after the defendant had beat this man to the ground after he beat him about the head with the favorable to the people that is one thing you did not hear the defendant mention once in her argument before you today it's something you will not see in her reply brief at all you will see it in one single sentence and opening brief  evidence showed that he had a mountain type of force to use was unnecessary and believing that he needed to do that to defend himself on reasonable he may have believed that he had to defend himself that's why this became second degree murder not first but we disprove beyond a reasonable doubt especially if you didn't light most favorable of people that it wasn't this was too much force it was unnecessary and it believes self defense was unreasonable so he mccoy here was the only unbiased witness of this is that she never saw the victim with crawl away and the fact is combative afterwards afore again that is why the judge claps found him guilty of second degree murder and not straight first degree murder defendant's sister and his mother also testified here they are but we have though is a key mccoy she witnessed almost the entire incident she's unbiased she's not related to defending a victim and we know what she saw she looked out that window when she heard something going on saw the pick them in the defendant wrestling longer he had been kneeling on the victim when she looked back he wasn't kneeling on the victim anymore he was standing above him with a bat obviously could have time to get up and get that back but what she did see was the victim still lying on the ground on his back still on arms that's what she saw and when all of this evidence is viewed in the light most favorable to the people your honor the people prove beyond a reasonable doubt that the amount and type of forces dependent used was unnecessary and on reasonable belief in self defense was unreasonable this trial court judge has already heard this argument once and rejected it the second attempt must be rejected as well for these reasons and those in our preacher honor we have this court to affirm his conviction for second degree murder be certain to acknowledge that at this stage in the proceedings we look at the evidence in the light most favorable to the state we argue though that the conclusion that they make even looking at the facts in their favor is unsupported by the evidence we look at china he appeared knocked out best not enough to show that he was incapacitated the mother saw him earlier according to the state was yelling at him to put the that said yes he was hitting him but he continued to struggle and while he roy bought to his car while according to the state he was still lie johnny was still lying on the ground that shows only that he had made it to the point where he had subdued the person to the point where it was safe to walk away when we're arguing about self defense in response to a first or second degree murder charge there's always a great amount of force that res somebody is that the question is did the state prove that the person was unreasonable in using the force that they did to defend themselves in this case even in the light most favorable to state