Criminal Confessions of Cooperating Witnesses Not Admissible as Prior Consistent Statements Under Fed. R. Evid. 801(d)(1)(B), Holds Fifth Circuit

For the second time in the past two weeks, in United States  v. Portillo, No. 18-50793 (5th Cir. Aug. 5, 2020), a U.S. Court of Appeals publishes an opinion applying the 2014 amendment to Fed. R. Evid. 801(d)(1)(B) that expanded the admissibility of prior consistent statements. The Second Circuit recently upheld the admission of priorContinue reading “Criminal Confessions of Cooperating Witnesses Not Admissible as Prior Consistent Statements Under Fed. R. Evid. 801(d)(1)(B), Holds Fifth Circuit”