Tome v. United States

513 U.S. 150, 115 S. Ct. 696, 130 L. Ed. 2d 574, 1995 U.S. LEXIS 469, 63 U.S.L.W. 4046
CourtSupreme Court of the United States
DecidedJanuary 10, 1995
Docket93-6892
StatusPublished
Cited by564 cases

This text of 513 U.S. 150 (Tome v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tome v. United States, 513 U.S. 150, 115 S. Ct. 696, 130 L. Ed. 2d 574, 1995 U.S. LEXIS 469, 63 U.S.L.W. 4046 (1995).

Opinions

Justice Kennedy

delivered the opinion of the Court, except as to Part II-B.

Various Federal Courts of Appeals are divided over the evidence question presented by this case. At issue is the interpretation of a provision in the Federal Rules of Evidence bearing upon the admissibility of statements, made by a declarant who testifies as a witness, that are consistent with the testimony and are offered to rebut a charge of a “recent fabrication or improper influence or motive.” Fed. Rule Evid. 801(d)(1)(B). The question is whether out-of-court consistent statements made after the alleged fabrication, or after the alleged improper influence or motive arose, are admissible under the Rule.

I

Petitioner Tome was charged in a one-count indictment with the felony of sexual abuse of a child, his own daughter, [153]*153aged four at the time of the alleged crime. The case having arisen on the Navajo Indian Reservation, Tome was tried by a jury in the United States District Court for the District of New Mexico, where he was found guilty of violating 18 U. S. C. §§ 1153, 2241(c), and 2245(2)(A) and (B).

Tome and the child’s mother had been divorced in 1988. A tribal court awarded joint custody of the daughter, A. T., to both parents, but Tome had primary physical custody. In 1989 the mother was unsuccessful in petitioning the tribal court for primary custody of A. T., but was awarded custody for the summer of 1990. Neither parent attended a further custody hearing in August 1990. On August 27, 1990, the mother contacted Colorado authorities with allegations that Tome had committed sexual abuse against A. T.

The prosecution’s theory was that Tome committed sexual assaults upon the child while she was in his custody and that the crime was disclosed when the child was spending vacation time with her mother. The defense argued that the allegations were concocted so the child would not be returned to her father. At trial A. T., then 6V2 years old, was the Government’s first witness. For the most part, her direct testimony consisted of one- and two-word answers to a series of leading questions. Cross-examination took place over two trial days. The defense asked A. T. 348 questions. On the first day A. T. answered all the questions posed to her on general, background subjects.

The next day there was no testimony, and the prosecutor met with A. T. When cross-examination of A. T. resumed, she was questioned about those conversations but was reluctant to discuss them. Defense counsel then began questioning her about the allegations of abuse, and it appears she was reluctant at many points to answer. As the trial judge noted, however, some of the defense questions were imprecise or unclear. The judge expressed his concerns with the examination of A. T., observing there were lapses of as much as 40-55 seconds between some questions and the answers [154]*154and that on the second day of examination the witness seemed to be losing concentration. The trial judge stated, “We have a very difficult situation here.”

After A. T. testified, the Government produced six witnesses who testified about a total of seven statements made by A. T. describing the alleged sexual assaults: A. T.’s babysitter recited A. T.’s statement to her on August 22, 1990, that she did not want to return to her father because he “gets drunk and he thinks I’m his wife”; the babysitter related further details given by A. T. on August 27,1990, while A. T.’s mother stood outside the room and listened after the mother had been unsuccessful in questioning A. T. herself; the mother recounted what she had heard A. T. tell the babysitter; a social worker recounted details A. T. told her on August 29, 1990, about the assaults; and three pediatricians, Drs. Kuper, Reich, and Spiegel, related A. T.’s statements to them describing how and where she had been touched by Tome. All but A. T.’s statement to Dr. Spiegel implicated Tome. (The physicians also testified that their clinical examinations of the child indicated that she had been subjected to vaginal penetrations. That part of the testimony is not at issue here.)

A. T.’s out-of-court statements, recounted by the six witnesses, were offered by the Government under Rule 801(d)(1)(B). The trial court admitted all of the statements over defense counsel’s objection, accepting the Government’s argument that they rebutted the implicit charge that A. T.’s testimony was motivated by a desire to live with her mother. The court also admitted A. T.’s August 22d statement to her babysitter under Rule 803(24), and the statements to Dr. Kuper (and apparently also to Dr. Reich) under Rule 803(4) (statements for purposes of medical diagnosis). The Government offered the testimony of the social worker under both Rules 801(d)(1)(B) and 803(24), but the record does not indicate whether the court ruled on the latter ground. No [155]*155objection was made to Dr. Spiegel’s testimony. Following trial, Tome was convicted and sentenced to 12 years’ imprisonment.

On appeal, the Court of Appeals for the Tenth Circuit affirmed, adopting the Government’s argument that all of A. T.’s out-of-court statements were admissible under Rule 801(d)(1)(B) even though they had been made after A. T.’s alleged motive to fabricate arose. The court reasoned that “the pre-motive requirement is a function of the relevancy rules, not the hearsay rules” and that as a “function of relevance, the pre-motive rule is clearly too broad ... because it is simply not true that an individual with a motive to lie always will do so.” 3 F. 3d 342, 350 (1993). “Rather, the relevance of the prior consistent statement is more accurately determined by evaluating the strength of the motive to lie, the circumstances in which the statement is made, and the declarant’s demonstrated propensity to lie.” Ibid. The court recognized that some Circuits require that the consistent statements, to be admissible under the Rule, must be made before the motive or influence arose, see, e. g., United States v. Guevara, 598 F. 2d 1094, 1100 (CA7 1979); United States v. Quinto, 582 F. 2d 224, 234 (CA2 1978), but cited the Ninth Circuit’s decision in United States v. Miller, 874 F. 2d 1255, 1272 (1989), in support of its balancing approach. Applying this balancing test to A. T.’s first statement to her babysitter, the Court of Appeals determined that although A. T. might have had “some motive to lie, we do not believe that it is a particularly strong one.” 3 F. 3d, at 351. The court held that the District Judge had not abused his discretion in admitting A. T.’s out-of-court statements. It did not analyze the probative quality of A. T.’s six other out-of-court statements, nor did it reach the admissibility of the statements under any other rule of evidence.

We granted certiorari, 510 U. S. 1109 (1994), and now reverse.

[156]*156II

The prevailing common-law rule for more than a century before adoption of the Federal Rules of Evidence

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Bluebook (online)
513 U.S. 150, 115 S. Ct. 696, 130 L. Ed. 2d 574, 1995 U.S. LEXIS 469, 63 U.S.L.W. 4046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tome-v-united-states-scotus-1995.