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Legal Opinion

United States v. Browder

U S Air Force Court of Military Review

Decided March 15, 1985No. ACM 24586PublishedCited by 6 opinions

1Opinion of the Court

DECISÍON

HODGSON, Chief Judge:

This appeal centers on the interpretation to be given Mil.R.Evid. 801(d)(1)(B) which states:

* * * * * *(d) Statements which are not hearsay.

A statement is not hearsay if:(1) Prior statement by witness. The declarant testifies at the trial and is subject to cross-examination concerning the *989statement, and the statement is ... (B) 'consistent with the declarant’s testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive____ (Emphasis added)

Appellate defense counsel argue that the trial…

2Cases cited7 opinions

  1. United States v. Michael E. QuintoCourt of Appeals for the Second Circuit · 1978
  2. United States v. William M. RuffinCourt of Appeals for the Second Circuit · 1978
  3. United States v. KellumUnited States Court of Military Appeals · 1952
  4. United States v. ClarkU S Air Force Court of Military Review · 1982
  5. United States v. MeyersUnited States Court of Military Appeals · 1984

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. United States v. JohnsonU S Air Force Court of Military Review · 1985
  2. United States v. DaggerU S Air Force Court of Military Review · 1986
  3. United States v. NelsonU S Air Force Court of Military Review · 1985
  4. United States v. LockwoodU S Air Force Court of Military Review · 1987
  5. United States v. JacksonU S Air Force Court of Military Review · 1987

1 more not listed; retrieve them via the Exa API.

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