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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.