The Issue
The Louisiana Court of Appeal, Fourth Circuit, recently decided second-degree murder case State v. McKee, No. 2026-KA-0056 (June 11, 2026) — rejecting every argument the defendant raised about excluding victim-reputation evidence, admitting body-camera footage, and the aggressor-doctrine jury instruction, and affirming his conviction and life sentence. The case is instructive precisely because McKee lost: it shows what a defense team must put in the record — corroborated overt-act evidence, properly authenticated exhibits, facts that actually support a requested instruction — before a Louisiana appellate court will find error in rulings like these. For anyone charged with a violent crime in Baton Rouge or anywhere in Louisiana, understanding why these arguments failed matters as much as knowing the underlying law.
Background
Laurence McKee was charged with second-degree murder under La. R.S. 14:30.1 following a fatal altercation. At trial, McKee asserted self-defense, arguing that he used force to protect himself from an aggressor. Louisiana law recognizes self-defense as a complete justification for force, but it is not absolute. A defendant may lose the right to self-defense if they act as an aggressor, unless they withdraw in good faith from the confrontation. The aggressor doctrine is one of the most contentious issues in Louisiana criminal trials—prosecutors rely on it to prevent juries from hearing a defendant’s version of events; defense attorneys invoke it to argue that their clients have a constitutional right to tell their side of the story. In McKee’s case, the original trial resulted in a conviction based on a non-unanimous jury verdict—10 jurors guilty, two not guilty—which was later vacated in light of the Supreme Court’s decision in Ramos v. Louisiana (2020), which requires jury unanimity in serious felony convictions. On remand, McKee was retried in August 2025 and convicted again, this time by a unanimous jury. At the second trial, the court excluded proposed victim-reputation testimony and body-camera footage, and gave an aggressor-doctrine instruction over McKee’s objection. Those three rulings became the basis of his appeal.
Strategic Implications
The Fourth Circuit’s decision is a lesson in what the record has to show, not a defense victory. First, the court held the trial judge did not err by excluding McKee’s proposed victim-reputation-for-violence testimony: under Louisiana Evidence Code Article 404(A)(2), a defendant asserting self-defense may introduce evidence of the victim’s dangerous character only after laying a foundation of “appreciable evidence” that the victim committed an overt hostile act, and McKee’s proffer consisted only of his own uncorroborated statement, which the court held was not enough. Second, the appellate court rejected McKee’s argument that body-camera footage of his injuries should have been admitted, agreeing with the trial court that the footage was unauthenticated hearsay and that its exclusion was not an abuse of discretion. Third, the court upheld the trial judge’s aggressor-doctrine instruction, finding it was properly given because the evidence — including forensic evidence that the victim was shot in the back while facing away — showed McKee retreated, retrieved a gun, and returned to the confrontation before shooting. The court affirmed McKee’s conviction and life sentence on all six assignments of error. For Baton Rouge criminal defense attorneys, the lesson is about preparation, not entitlement: victim-reputation evidence requires corroboration beyond the defendant’s own account, exhibits need a proper authentication foundation laid before trial, and an aggressor-doctrine instruction will be given whenever the evidence supports it, so the defense case has to affirmatively negate it.
How Does This Apply in Louisiana?
Under Louisiana law, self-defense is governed by La. R.S. 14:20, which states that a person is justified in using force when they reasonably believe it necessary to defend themselves against an apparent threat of unlawful force. The key word is “apparent”—the defendant’s subjective belief must be reasonable given the circumstances. Louisiana’s Evidence Code Article 404(A)(2) — not Article 405(C), which governs methods of proving character generally — is the provision that actually controls: it allows evidence of a victim’s character for violence in a self-defense case only once the defendant has laid a foundation of appreciable evidence of an overt hostile act, and McKee shows that a defendant’s own uncorroborated account will not satisfy that foundation on its own. McKee’s holding applies directly within the Fourth Circuit (Orleans, Plaquemines, and St. Bernard Parishes), where the case arose. East Baton Rouge Parish falls within Louisiana’s First Circuit Court of Appeal, not the Fourth, so a Baton Rouge trial court is not bound by McKee, though the First Circuit could look to it as persuasive authority applying the same statewide evidence code. When defending a violent crime case in Baton Rouge, the lessons from McKee are clear: move to exclude the aggressor doctrine instruction if the facts support a pure self-defense claim; file pretrial motions to secure admission of victim reputation evidence; and fight for the admission of body-camera or other corroborating evidence. If the trial court errs in excluding such evidence or giving improper instructions, a record is essential for appeal. Finally, practitioners should recognize that some trial judges may push back on these requests, especially in cases involving serious violence. A well-drafted motion, citing both McKee and the underlying statutory law, is the best tool for pushing back against restrictive trial rulings.
Frequently Asked Questions
What is the aggressor doctrine under Louisiana law?
The aggressor doctrine limits a person’s right to claim self-defense if they initially provoked or escalated the confrontation. However, Louisiana law does allow a person who initially acts as an aggressor to regain the right to self-defense if they withdraw from the conflict in good faith & the other party continues to pursue them.
Can the court exclude witnesses who would testify about the victim’s reputation for violence?
Yes, if you have not first laid a foundation of appreciable evidence that the victim committed an overt hostile act. Louisiana Evidence Code Article 404(A)(2) allows evidence of a victim’s dangerous character in a self-defense case, but State v. McKee confirms that a defendant’s own uncorroborated statement is not, by itself, enough of a foundation — independent corroboration matters.
What happens if the trial court excludes body camera footage?
Body camera footage showing a defendant’s injuries is often relevant to a self-defense claim, but it still has to be properly authenticated to come into evidence. In State v. McKee, the appellate court upheld exclusion of unauthenticated footage as within the trial court’s discretion. Lay the authentication foundation before trial if you want this kind of evidence admitted.
Can the trial judge override my requested jury instruction on self-defense?
A trial court can refuse to give a requested jury instruction, but only if the instruction is legally incorrect, not supported by the evidence, or duplicated in another instruction. If the instruction is legally sound & supported by evidence, refusal to give it may be reversible error.
What should I do if I’ve been convicted of second degree murder?
If your conviction is based on a jury verdict that did not unanimously find guilt, or if there were trial errors affecting your self-defense defense, you may be able to appeal. Consult a Baton Rouge criminal defense attorney immediately to review trial transcripts & determine your options.
Conclusion
State v. McKee affirmed the defendant’s conviction and rejected every evidentiary and jury-instruction argument he raised. Its value for criminal defense is as a cautionary roadmap: victim-reputation evidence needs corroboration beyond the defendant’s own account, exhibits need a proper authentication foundation laid before trial, and an aggressor-doctrine instruction will be given whenever the evidence supports it. If you are facing murder or violent crime charges in Baton Rouge or anywhere in Louisiana, building that record early, well before trial, is what separates a preserved appellate issue from a waived one.