Montague v. State
471 Md. 657 (2020)
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Rule of Law:
Rap lyrics authored by a defendant are admissible as substantive evidence of guilt when the lyrics bear a close nexus to the details of an alleged crime, such that their heightened probative value is not substantially outweighed by the danger of unfair prejudice.
Facts:
- In the early morning of January 16, 2017, George Forrester, accompanied by his cousin Tracy Tasker, went to an apartment complex to buy cocaine.
- Forrester attempted to purchase cocaine from a drug dealer using a counterfeit $100 bill.
- The drug dealer realized the bill was fake, pursued Forrester, and shot him in the back with a .40-caliber firearm.
- Tasker, who witnessed the shooting, identified Lawrence Montague as the shooter from a photo array two days later, stating she had bought drugs from him before.
- While both were incarcerated at the Jennifer Road Detention Center, Montague encountered Tasker and called her a 'f----n' rat.'
- While awaiting trial on October 7, 2017, Montague made a recorded phone call from jail, using another inmate's PIN, and asked an unidentified male to record his rap lyrics.
- The lyrics referenced being 'played,' using a '.40,' someone being 'picked up by the ambulance,' and shooting a 'snitch.'
- At Montague's request, the recording of the rap was subsequently uploaded to Instagram.
Procedural Posture:
- Lawrence Montague was indicted in the Circuit Court for Anne Arundel County for the murder of George Forrester.
- Prior to trial, Montague filed a motion in limine to exclude the recorded phone call containing his rap lyrics.
- The circuit court (trial court) denied the motion and admitted the lyrics into evidence.
- The jury convicted Montague of second-degree murder, first-degree assault, and firearm charges.
- Montague's motion for a new trial was denied by the circuit court.
- Montague, as appellant, appealed to the Court of Special Appeals of Maryland (the intermediate appellate court).
- The Court of Special Appeals affirmed the trial court's judgment.
- Montague, as Petitioner, successfully petitioned the Court of Appeals of Maryland (the state's highest court) for a writ of certiorari.
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Issue:
Are rap lyrics authored by a defendant admissible as substantive evidence of guilt under Maryland evidence rules when they have a close factual and temporal nexus to the details of an alleged murder and contain references that could be interpreted as witness intimidation?
Opinions:
Majority - Getty, J.
Yes, the rap lyrics are admissible as substantive evidence of guilt. The court held that the lyrics are relevant under Maryland Rule 5-401 because they bear a close nexus to the details of the murder, making it more probable that Montague committed the crime. The court identified a strong factual nexus (lyrics mentioning being 'played' like the counterfeit bill, a '.40' like the murder weapon, and the victim being picked up by an ambulance), a close temporal nexus (the lyrics were composed after the crime while awaiting trial), and noted the nexus was strengthened by 'stop snitching' references published on social media, which could serve to intimidate witnesses like Ms. Tasker. Due to this close nexus, the court concluded under Rule 5-403 that the lyrics' heightened probative value as direct proof was not substantially outweighed by the danger of unfair prejudice from being viewed as generic propensity evidence.
Dissenting - Watts, J.
No, the trial court abused its discretion in admitting the rap lyrics. The dissent argued that the lyrics' probative value was minimal and substantially outweighed by the danger of unfair prejudice. The supposed nexus was tenuous at best, as the lyrics contained only generic rap tropes about violence. The references to a '.40' caliber weapon, an ambulance, and being 'played' are common and not specific enough to create an 'unmistakable factual connection.' Furthermore, the 'snitch' reference was not tied to any specific witness and served only to portray Montague as a violent person, which is impermissible character evidence. The lyrics did nothing more than create the impression that Montague had a penchant for violence and was capable of murder, making their admission unfairly prejudicial.
Analysis:
This decision establishes a key precedent in Maryland for the admissibility of artistic expressions, specifically rap lyrics, as substantive evidence of guilt. By adopting the 'close nexus' framework, the court distinguishes between lyrics that are 'inadmissible works of fiction' and those that are 'admissible statements of historical fact.' The ruling clarifies that when lyrics mirror the specific details of a crime and are created in close temporal proximity, their probative value can overcome the inherent prejudice associated with violent art. This holding provides a clearer standard for lower courts and will likely impact how prosecutors use and defendants create artistic works while facing criminal charges.
