State v. Vonte Skinner (071764)
2014 WL 3798993, 218 N.J. 496, 95 A.3d 236 (2014)
Rule of Law:
Fictional forms of inflammatory self-expression, such as rap lyrics, are inadmissible as evidence of motive or intent unless there is a strong nexus between specific details of the artistic composition and the circumstances of the underlying offense.
Facts:
- In November 2005, Lamont Peterson was shot seven times but survived, identifying Vonte Skinner as the shooter while en route to the hospital.
- Peterson told police he and Skinner were involved in a drug operation run by Brandon Rothwell, and that Skinner acted as the group's 'muscle'.
- Peterson claimed the shooting occurred because he owed Rothwell money, whereas Skinner admitted being present for a drug deal but claimed he fled when shots were fired by an unknown assailant.
- During the investigation, police searched a car Skinner had been driving and discovered three notebooks containing graphic rap lyrics written by Skinner.
- The lyrics, often written in the first person under the moniker 'Real Threat', depicted graphic acts of violence, bloodshed, and death.
- Many of the lyrics were written well before the shooting occurred.
- The lyrics described general street violence and criminal acts but did not contain specific details regarding Peterson, the specific location, or the specific dispute over drug money.
Procedural Posture:
- A grand jury indicted the defendant for attempted murder and related charges.
- The trial court granted a preliminary hearing and ruled the rap lyrics admissible under N.J.R.E. 404(b) to show motive and intent.
- The first trial ended in a mistrial due to a hung jury.
- Before the second trial, the defendant renewed his objection to the lyrics, but the trial court again ruled them admissible.
- The jury in the second trial convicted the defendant of attempted murder and aggravated assault.
- The defendant appealed the conviction to the Appellate Division.
- The Appellate Division reversed the conviction, ruling the lyrics were prejudicial.
- The State appealed the reversal to the Supreme Court of New Jersey.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Is the admission of a defendant's violent, fictional rap lyrics as evidence of motive and intent under N.J.R.E. 404(b) permissible when the lyrics depict general violence but lack a specific factual connection to the charged crime?
Opinions:
Majority - Justice LaVecchia
No. The admission of the lyrics was reversible error because fictional artistic expression is highly prejudicial and inadmissible unless it reveals a strong nexus to the specific crime charged. The Court analyzed the lyrics under N.J.R.E. 404(b), which governs evidence of other crimes, wrongs, or acts. While writing lyrics is not a crime, the violent content could be perceived by a jury as a 'bad act' demonstrating propensity for violence. Applying the Cofield test, the Court found the lyrics failed to meet the standard for admissibility. Specifically, the lyrics lacked probative value because they were fictional and did not relate to the specific facts of the shooting. Furthermore, the prejudicial effect—poisoning the jury against the defendant by portraying him as a person of violent character—overwhelmingly outweighed any limited probative value regarding motive or intent. Unlike cases where a defendant writes about specific details of a crime (a 'strong nexus'), these lyrics were general artistic expressions and should not have been used to bolster the State's case.
Analysis:
This decision places significant limitations on the prosecution's ability to use a defendant's artistic expression as evidence of criminal liability. By requiring a 'strong nexus' between the art and the crime, the Court protects First Amendment expression and prevents juries from convicting defendants based on character assassination or distaste for a specific musical genre. The ruling distinguishes between autobiographical confessions disguised as art and generalized fictional narratives. It clarifies that N.J.R.E. 404(b) is a rule of exclusion designed to prevent propensity reasoning. This case creates a high bar for admitting rap lyrics, requiring prosecutors to show that the lyrics contain specific details that only the perpetrator of the specific crime would know or express.
