Tome v. United States

Tome v. United States
Argued October 5, 1994
Decided January 10, 1995
Full case nameMatthew Wayne Tome v. United States
Citations513 U.S. 150 (more)
115 S. Ct. 696; 130 L. Ed. 2d 574
Case history
Prior3 F.3d 342 (10th Cir. 1995) (reversed)
SubsequentOn remand, 61 F.3d 1446 (10th Cir. 1995)
Holding
For a prior consistent statement to be admissible under FRE 801(d)(1)(B), the statement must have been made before the motive to fabricate arose.
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinions
MajorityKennedy, joined by Stevens, Souter, Ginsburg; Scalia (except part II-B)
ConcurrenceScalia (in part and in judgment)
DissentBreyer, joined by Rehnquist, O'Connor, Thomas
Laws applied
FRE 801(d)(1)(B)

Tome v. United States, 513 U.S. 150 (1995), was a case decided by the Supreme Court of the United States that held that under Federal Rules of Evidence Rule 801(d)(1)(B), a prior consistent statement is not hearsay only if the statement was made before the motive to fabricate arose.