Exemptions from the prohibition against hearsay for prior statements of testifying witnesses

Sparks v. Gilley Trucking Co., Inc., 992 F.2d 50, 53 (4th Cir. 1993) (negligence action arising from a collision; defendant alleged plaintiff's contributory negligence for speeding at the time of the accident; court allowed defendant's evidence of plaintiff's prior convictions of speeding; court held:...A person's character, or propensity, is inadmissible to show that person's conduct on a specific occasion.

United States v. Gonzalez, 533 F.3d 1057, 1061-1063 (9th Cir. 2008) (holding that the trial court erroneously admitted into evidence the officer's retelling of Tirado's story as prior consistent statement because "the retelling....A prior statement of a witness is exempt from the prohibition against hearsay evidence if the prior statement is consistent with the witness' testimony at the trial or hearing at which the prior statement is offered, the prior statement is offered to rebut a express or implied charge of recent fabrication or motive, and the witness who made the prior statement testifies and is subject to cross-examination at the trial or hearing at which the prior statement is offered.

Estelle v. McGuire, 502 U.S. 62, 69 (1991) ("The prosecution must prove all the elements of a criminal offense beyond a reasonable doubt.").The prosecution must establish each essential element of a criminal offense beyond a reasonable doubt.