CORE CRIMINAL LAW SUBJECTS: Evidence:
Prior Consistent
Statements
1999
United
States v. Anderson, 51 MJ 145 (MRE 801(d)(1)(B) applies
to
statements made prior to trial which are consistent with the witness’s
testimony and which are offered to rebut an express or implied
allegation
against the witness of recent fabrication or improper influence or
motive,
typically introduced to rehabilitate a witness’s credibility).
(where defense cross-examination solicited from witnesses prior
statements
which affirmed the witness’s trial testimony, the prior statements were
substantive evidence which the members could consider for the truth of
the
matter therein is they chose to believe them; they were not, therefore,
classic
prior consistent statements as envisioned in MRE 801(d)(1)(B)).