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Happy Thanksgiving! This week, Sam and Trevor tackle United States v. Gonzalez, 2025 CAAF LEXIS 761 (C.A.A.F. 2025), and United States v. Ruiz, 2025 CAAF LEXIS 656 (C.A.A.F. 2025). While both cases have some interesting facts, they also have big takeaways for trial practitioners. 

In Gonzalez, we see the first effects of United States v. George, 85 M.J. 133 (C.A.A.F. 2024), where the parties’ interpretations of the specification at trial trump arguments on appeal. For Ruiz, prior consistent statements under MRE 801(d)(1)(B)(ii) seem to be expanded outside the narrow path articulated in United States v. Finch, 79 M.J. 389 (C.A.A.F. 2020). Now part of a circuit split, Ruiz is petitioning SCOTUS on this issue, so keep an eye out for any developments dealing with whether SCOTUS will extend Tome v. United States, 513 U.S. 150 (1995), to this category of prior consistent statements. The full Petition for Writ of Certiorari is available at: https://www.supremecourt.gov/DocketPDF/25/25-561/383633/20251105123311855_Ruiz%20v.%20United%20States%20Petition%20for%20Writ%20of%20Certiorari.pdf.

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