Sounds Familiar

December 12, 2013

  • 110 Criminal Law
  • 110XVII Evidence
  • 110XVII(M) Statements, Confessions, and Admissions by or on Behalf of Accused
  • 110XVII(M)1 In General
  • 110k410.5 Admissibility in General
  • 110k410.8 k. Particular Cases.

110 Criminal LawViolent lyrics from “Drug Deala,” which the Supreme Court recognized as a gangsta rap song defendant wrote in a California jail while awaiting extradition to Nevada, described a scenario matching the facts and circumstances surrounding alleged murder and robbery, and thus, the lyrics amounted to a statement that was relevant and admissible; the lyrics depicted defendant as someone who would “jack” people in a parking lot for their jewelry while wearing a ski mask, and the similarities between the lyrics and the facts of the charged robbery, as established by the evidence and the timing of the composition after defendant’s arrest, met the threshold test of relevance.

Holmes v. State, 306 P.3d 415 (Nev. 2013)

Suggested by Linda Watts, Principal Attorney Editor; Thomson Reuters; Eagan, Minn.