State v. Green

OPINION

RANDALL, Judge.

Marlon Green appeals from his conviction for second degree murder. He argues the trial court’s failure specifically to instruct the jury that the state had to prove beyond a reasonable doubt he did not act in the heat of passion violated his constitutional rights, and was in violation of state law. We reverse and remand for a new trial.

FACTS

In February 1993, Marlon Green was at a house party with his mother and his friends Tim and Essence. Green, Tim and Essence were in the living room when the victim, Laramuin Byrd, walked by. The victim wore his hat at an aggressive…