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ACKER v. STATE

No. 513, September Term, 2011.

100 A.3d 1159 (2014)

219 Md. App. 210

Robert Mitchell ACKER v. STATE of Maryland.

Court of Special Appeals of Maryland.

September 30, 2014.

Attorney(s) appearing for the Case

Ben Miller ( Paul B. DeWolfe , Public Defender, on the brief), Baltimore, MD, for appellant.

Ryan Dietrich ( Douglas Gansler , Atty. Gen., on the brief) Baltimore, MD, for appellee.

Panel: DEBORAH S. EYLER, WOODWARD, and KEHOE, JJ.

ON REMAND

KEHOE, J.

Maryland Rule 5-802.1(b) permits the introduction of a witness's prior consistent statement as substantive evidence "if the statement is offered to rebut an express or implied charge against the declarant of fabrication, or improper influence or motive...." The Court of Appeals has interpreted this rule to include a temporal restriction, namely, that a prior consistent statement is admissible under Rule 5-802.1(b) only if "it was made...

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