4th Circuit upholds drug conviction despite use of rap lyrics during trial

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4th Circuit upholds drug conviction regardless of use of rap lyrics throughout trial

By Debra Cassens Weiss

August 7, 2024, 8:57 am CDT

The prosecution’s use of drug-dealing rap lyrics at trial was not error requiring reversal of a conviction in reference to the sale of eutylone, a designer drug that’s just like ecstasy, a federal appeals court docket has dominated.

The 4th U.S. Circuit Courtroom of Appeals at Richmond, Virginia, upheld the June 2022 conviction of Kenneth Jerome Watkins, an Atlanta-based rapper who was also called “KennyMan.”

Prosecutors had argued that they had been entitled to ask Watkins’ spouse, Kizzy Childs, about his rap lyrics after she testified as to his good character as a result of the protection had “opened the door” to character proof.

Childs had testified that her husband doesn’t promote or do medicine, and it’s not his character to do medicine. Watkins is a practising Muslim, cares about his household and has a robust work ethic, she testified.

Prosecutors requested Watkins’ spouse about rap lyrics that included, “I’m a doper, for actual,” and, “I’ve obtained truckloads and bales, don’t even put it on a scale.”

At trial, Watkins had argued that the lyrics had been irrelevant. On attraction, he claimed that the proof was inadmissible as rumour or as improper character proof. As a result of he failed to boost the objections under, the arguments had been reviewed utilizing a plain-error commonplace, which requires a exhibiting that an error critically impacts the defendant’s substantial rights.

The restricted inquiry into Watkins’ lyrics was not plain error, mentioned Decide Julius N. Richardson in his opinion for the 4th Circuit panel. Richardson is an appointee of former President Donald Trump.

“The prosecution merely requested Childs whether or not she was ‘acquainted’ with Watkins’s lyrics, accepting Childs’ reply every time and by no means pushing for extra element,” Richardson mentioned.

Courthouse Information Service coated the opinion, which additionally rejected arguments that the proof was inadequate to convict Watson, and that the sentence was incorrectly calculated.

Richardson’s opinion was joined by U.S. District Decide Gina M. Groh of the Northern District of West Virginia, who was sitting by designation, and Decide Robert B. King. Groh is an appointee of former President Barack Obama, whereas King is an appointee of former President Invoice Clinton.

Watkins had been sentenced to 10 years in jail after his conviction for conspiracy to distribute and to own eutylone with intent to distribute it.