Montague v. State
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In this case concerning the admissibility of jailhouse rap lyrics composed by Defendant as substantive evidence that he shot and killed George Forrester the Court of Appeals held that the rap lyrics were relevant and admissible and that the trial judge did not abuse his discretion in admitting the lyrics.
The State sought to introduce a recorded telephone call containing the rap lyrics as substantive evidence of Defendant's guilt. Defendant moved in limine to exclude the recording. The circuit court denied the motion and admitted the rap lyrics. The Court of Special Appeals affirmed, concluding that the lyrics were admissible under Maryland Rules 5-401, 5-402, and 5-403. The Court of Appeals affirmed, holding (1) the rap lyrics were relevant under Rule 5-401, and therefore were admissible under Rule 5-402; (2) the rap lyrics bore a close factual and temporal nexus to the details of the murder; and (3) therefore, the circuit court did not abuse its discretion in admitting the rap lyrics under Rule 5-403.
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