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Dominic L. Ruiz v. United States
Paid petition · United States Court of Appeals for the Armed Forces, No. 24-0158 · judgment August 8, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In 2014, this Court expanded Federal Rule of Evidence (FRE) 801(d)(1)(B) to allow the admission of prior consistent statements when a witness’s credibility is attacked on any ground. This expansion includes attacks based on incapacity—such as faulty memory. Before the 2014 change, this Court noted a temporal requirement: that to be admissible, the common law required a prior consistent statement to be made before the onset of the incapacity. Tome v. United States, 513 U.S. 150, 156 (1995). Seven federal appeals courts have disparately analyzed whether that temporal requirement applies to the expanded Federal Rule of Evidence, some noting that it is an “open question” and “unclear.” This Court has not yet considered this issue. Here, the trial court admitted a statement even though it was made after the onset of the incapacity. The Defense attacked a witness’s capacity to testify accurately due to her severe intoxication. The Government rehabilitated her credibility with a statement she made about the events during her intoxication. The lower court sided with the Eighth Circuit and declined to apply the temporal requirement. The question presented is: Does the common law temporal requirement apply to Military/Federal Rule of Evidence 801(d)(1)(B)(ii)?
Counsel of record
For petitioner
Raymond Eugene Bilter
U.S. Navy Judge Advocate General's Corps
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Dec 15 2025Petition DENIED.
- Nov 25 2025DISTRIBUTED for Conference of 12/12/2025.
- Nov 18 2025Waiver of right of respondent United States to respond filed.
- Nov 05 2025Petition for a writ of certiorari filed. (Response due December 8, 2025)