243 A.3d 546
Md.2020Background
- On January 16, 2017 George Forrester was shot and killed after an attempted drug purchase; two .40-caliber shell casings were recovered and an eyewitness (Tracy Tasker) later identified Lawrence Montague as the shooter.
- Montague was arrested, indicted for murder, and while incarcerated made a recorded jailhouse phone call (Oct. 7, 2017) in which he rapped lyrics that parroted details of the killing (references to being "played," a ".40," and ambulance) and contained "stop snitching" threats; the recording was uploaded to Instagram.
- Three days before trial Montague moved in limine to exclude the recording as irrelevant and unduly prejudicial; the circuit court admitted it and the prosecutor repeatedly played it for the jury.
- Montague was convicted of murder and related offenses; the Court of Special Appeals affirmed the admission of the lyrics, and the Maryland Court of Appeals granted certiorari to resolve whether rap lyrics without a nexus to the crime are admissible as substantive evidence.
- The Court of Appeals held the lyrics were relevant under Md. Rule 5-401 and admissible under Rules 5-402 and 5-403: a close factual and temporal nexus plus the witness-intimidation ("stop snitching") context raised the lyrics' probative value and reduced the risk that they would be used only as improper propensity evidence.
Issues
| Issue | Plaintiff's Argument (Montague) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Relevance of jailhouse rap lyrics as substantive evidence (Md. R. 5-401/5-402) | Lyrics are generic rap themes, ambiguous, and do not make it more probable he committed the murder | Lyrics mirror specific facts of the homicide ("played," ".40," ambulance) and thus make guilt more probable | Admissible: lyrics exceed Rule 5-401's low relevance bar because of a close factual nexus |
| Unfair prejudice balancing (Md. R. 5-403) | Probative value is minimal and substantially outweighed by prejudice; lyrics merely show violent character/propensity | Close nexus and temporal proximity heighten probative value so prejudice does not substantially outweigh probative value | No abuse of discretion: probative value not substantially outweighed by unfair prejudice |
| Temporal nexus / timing of composition | Timing unclear; lyrics may predate the crime, weakening probative force | Recorded <1 year after the murder and three weeks before trial, strengthening temporal nexus | Court found a sufficient temporal nexus (lyrics composed/recorded after the murder and close to trial) |
| Role of "stop snitching" statements / witness intimidation | "Stop snitching" language is generic to rap and increases prejudice, not probative value | When tied to a close factual/temporal nexus and published on social media it can show attempted intimidation and thus strengthen probative value | "Stop snitching" references can strengthen nexus and probative value when used to intimidate witnesses; admissible in this case |
Key Cases Cited
- Hannah v. State, 420 Md. 339 (2011) (distinguishes admissible factual statements from fictional rap; excluded highly prejudicial lyrics used for impeachment)
- State v. Skinner, 95 A.3d 236 (N.J. 2014) (rap lyrics inadmissible where lacking a strong factual nexus to the charged offense)
- State v. Cheeseboro, 552 S.E.2d 300 (S.C. 2001) (excluded vague/violent lyrics whose minimal probative value was outweighed by prejudice)
- Greene v. Commonwealth, 197 S.W.3d 76 (Ky. 2006) (admitted post‑crime rap/video that directly referenced the killing and bore on motive/premeditation)
- Holmes v. State, 306 P.3d 415 (Nev. 2013) (admitted rap lyrics that mirrored operative details of robbery/murder and therefore had heightened probative value)