Tome v. United States
United States Supreme Court
513 U.S. 150 (1995)
Relevant factsFree
At Tome's (defendant) trial for sexually abusing his daughter A.T., where he argued the charges were fabricated so A.T. could live with her mother, the prosecution introduced seven out-of-court statements A.T. made to six witnesses after her alleged motive to fabricate (wanting to live with her mother) had already arisen; the Tenth Circuit affirmed admission, reasoning the pre-motive requirement was a relevance rather than hearsay concern.
IssueFree
Whether a consistent out-of-court statement made by a witness is admissible in federal court to rebut a charge of fabrication or improper motive if the statement is made after the motive to fabricate arose.