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United States v. Tome

United States Court of Appeals for the Tenth Circuit
61 F.3d 1446 (1995)


Matthew Wayne Tome (defendant) was charged with aggravated sexual abuse of his 4 year-old daughter, A.T. At trial, several witnesses, including three physicians, provided testimony that A.T. had told them that Tome sexually abused her. The district court held that the out-of-court statements were admissible under Fed.R.Evid. 801(d)(1)(B) as prior consistent statements of A.T. used to rebut the allegation that A.T.’s mother instructed A.T. to fabricate the claim that Tome sexually abused her. The jury convicted Tome and he appealed. The court of appeals affirmed the conviction. Thereafter, the U.S. Supreme Court granted certiorari to review. The Court reversed the judgment of the court of appeals and held that Rule 801(d)(1)(B) did not apply because the out-of-court statements were made by A.T. after the alleged motive to fabricate arose. The Court remanded the case to the court of appeals for a determination of whether the out-of-court statements were admissible under another rule of evidence.

Rule of Law


Holding and Reasoning (Tacha, J.)

Dissent (Holloway, J.)

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